Rasaki was arrested while attempting to rob Sunday Vandi of a Bajaj motorcycle at 31 Road, House 3, Gowon Estate, Egbeda, Lagos, southwest Nigeria, on 27 October, 2009.
He was arraigned on 6 June, 2011 on a two count-charge of conspiracy and armed robbery and had pleaded not guilty to the offence.
Justice Habeeb Abiru found him not guilty of the armed robbery charge, noting that the prosecution failed to prove beyond reasonable doubt that the metallic gun shaped object used by Rasaki and his two accomplices was an offensive weapon.
He, however, found Rasaki guilty of two counts of conspiracy and robbery and sentenced him to 14 years on each of the counts.
Abiru ordered that the sentences are to run concurrently beginning from 27 Ocober, 2009 when Rasaki was arrested for the offence.
The judge said he relied on Rasaki’s confessional statements which were admitted by the court as Exhibits P1 and P2 to convict him.
He said:”It is settled law that a defendant can be convicted solely on his confessional statement.
“Exhibit P2 (confessional statement) confirmed that there was a robbery and that he participated in the robbery.”
The judge dismissed Rasaki’s claim that the statements which he made at Special Anti-Robbery Squad (SARS) Ikeja, were coerced and fabricated by the police.
He said the testimonies of the police officers, Cpl. Ogunmiloro and Insp. Goodluck Adomi, before the court were consistent with the facts of the case.
“The statement was not fabricated. It was consistent and did not show any disconnection or otherwise.
“The defendant’s denial is an afterthought and he is not a credible witness”, Abiru said.
The judge said from the evidence before the court, it was clear that Rasaki had acted in concert with the other men to dispossess Vandi of his motorcycle.
He said they could not succeed because Vandi fought back and thwarted their effort which led to Rasaki’s arrest. By Henry Ojelu & Anthonia Ohiero
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