Appeal Court Acquits, Discharges Armed Robbery Convict

The Court of Appeal sitting in Ibadan has acquitted and discharged Dayo Akinola, who was previously sentenced to death by hanging for conspiracy and armed robbery by the Ogun State High Court.

The judgment, delivered on Thursday by a three-member panel of the appellate court, overturned the conviction and sentence imposed by Justice O. Majekodunmi of the Ogun State High Court on May 8, 2019.

Reading the lead judgment, Justice Fadawu Umar held that the prosecution failed to establish sufficient evidence linking Akinola to the offences for which he was convicted.

According to the court, there was no credible evidence proving that the appellant participated in either the alleged conspiracy or the armed robbery.

Justice Umar ruled that the conviction could not stand in the absence of convincing proof connecting the appellant to the crime.

He therefore set aside the judgment of the lower court and ordered Akinola’s immediate acquittal and discharge.

“The decision of the lower court is set aside, and the appellant is acquitted and discharged,” the judge declared.

He added that the sole issue raised for determination in the appeal was resolved in favour of the appellant and against the respondent.

Justice Umar also criticised the investigative methods adopted by the police, noting that many criminal investigations relied heavily on conventional statements without further efforts to verify facts or gather additional evidence.

He observed that law enforcement agencies must improve the quality of investigations to ensure that prosecutions are supported by credible and reliable evidence capable of sustaining convictions.

According to the appellate court, thorough investigations remain essential to achieving justice and preventing wrongful convictions.

The ruling effectively ends Akinola’s legal battle, bringing relief after spending years under a death sentence imposed by the trial court.

The judgment also serves as a reminder of the judiciary’s role in reviewing criminal convictions to ensure that they comply with the requirements of due process and are supported by sufficient evidence.

The Court of Appeal’s decision reinforces the principle that criminal convictions must be based on proof beyond reasonable doubt and not on suspicion or incomplete investigations.