Supreme Court examines inferential proof of conspiracy offence

Nigeria’s Supreme Court considered whether the prosecution proved conspiracy and armed robbery beyond reasonable doubt in an appeal brought by Kayode Adeyoju, who received a death sentence at trial.

Adeyoju and Olasunkanmi Bakare were charged before the High Court of Ogun State over an alleged armed robbery in Akute on or about April 4, 2009. Prosecutors said the men, alongside other people who remained at large, robbed Ayo Banjo of property including a 2009 Hyundai Sonata Elegance while armed with guns and other offensive weapons.

The prosecution called six witnesses and submitted documentary evidence, including Adeyoju’s confessional statements, marked Exhibits PE2 and PE3. Adeyoju testified in his own defence, denied the offences and retracted the statements.

The trial court convicted him and sentenced him to death. The Court of Appeal dismissed his challenge and upheld the conviction, prompting a further appeal to the Supreme Court.

Adeyoju’s lawyers argued that although retracting a confession does not automatically remove its legal force, the prosecution must provide other evidence making the alleged confession and the accused’s involvement probable. They said testimony from prosecution witnesses contained doubts and could not properly corroborate the statements. Counsel also argued that the circumstances of Adeyoju’s arrest required an identification parade and criticized the prosecution’s failure to tender the weapons allegedly used in the robbery. The supplied ruling excerpt sets out the issues before the Supreme Court but does not include its final decision.