(2017) JELR 50337 (SC)    

Supreme Court  ·  SC.447/2012 ·  15 Dec 2017 ·  Nigeria
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned counsel
reasonable doubt
confessional statement
exhibit q
armed robbery
trial court
learned trial judge
accused person
lower court
record of appeal
act cap
decision of the lower court
count charge of conspiracy
laws of the federation of nigeria
special offences
sufficient evidence
brief of argument
scene of an alleged crime
charge of armed robbery
evidence of pw
judgment of the court of appeal
learned appellants counsel
learned justices of the court
learned trial court
lower courts
admission of exhibit
appellant counsel
appellant's counsel
body of the accused person
case of shalla vs
decision of the learned trial judge
gun point
high court of osun state
leading judgment
osun state
positive confession
respondent brief
respondents case
result of the use of threat
said judgment
saidu vs
summary of facts
support of the prosecution
supreme court decision

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This is an appeal that arose from the judgment of the Court of Appeal of Nigeria, Akure Division delivered on 8th May, 2012, as contained at pages 128-158 of the Record of Appeal. In its judgment, the Court below upheld the decision of the learned trial Judge, Bada J. (as he then was) which had convicted and sentenced the Appellant for the charge of armed robbery.

Being dissatisfied with the decision of the lower Court, the Appellant filed the instant appeal vide a Notice of Appeal dated 16th June, 2014, and filed 18th June, 2014, wherein he raised five (5) ground of appeal as contained at pages 162-167 of the Record of Appeal.


The Appellant was arraigned at the High Court of Osun State sitting in Osogbo on a two count charge of conspiracy to commit felony, to wit: Armed Robbery, contrary to Section 5(b) of the Robbery and Firearms (Special Offences) Act Cap.398 VoI.XXII, Laws of the Federation of Nigeria 1990 a…

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