(2018) JELR 39080 (CA)    

Court of Appeal  ·  CA/YL/133C/2017 ·  22 May 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
exhibits b
armed robbery
reasonable doubt
english language
record of appeal
defence of alibi
inadmissible evidence
accused person
confessional statements
lower court
admissible evidence
brief of argument
exhibit b
1st appellants grounds of appeal
earliest opportunity
exhibit c
appellants brief of argument
high court
high court of adamawa state
leading judgment
learned counsel
olalekan v. state
woru v. state
1st may
5th accused person
accused took part
background facts leadings
close of the prosecutions case
conclusion of evidence of defence
conclusion of the learned trial judge
criminal conspiracy
essential ingredients of the offence of armed robbery
evidence of witnesses
issue of proper identification of the 1st appellant
local government area of adamawa state
own defence case
point state
police station
question of the identification of the appellant
recorder of the exhibit c
recorder of those statements
tender statements of witnesses
terms of the identification of the accused person
voluntary statements

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The appellant and five others were arraigned at the High Court of Adamawa State, sitting in Yola, on a two-count-charge, for Criminal Conspiracy to Commit Armed Robbery and Armed Robbery, contrary to and Punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provision) Act, Cap 398 Laws of the Federation of Nigeria, 1990.

Trial commenced immediately after the taking of the plea of accused persons including the appellant but at the close of the prosecutions case who called evidence of two (2) witnesses, the 3rd and 4th accused persons were each discharged, upon the submission of a no case to answer, made on their behalf.

The appellant and the 2nd and 6th accused persons, in consequence, presented their own defence case. They led evidence of witnesses. The 5th accused person was not that lucky. The man died. He died while still in the custody of the prison authorities hence his name was struck out at the High…

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