ONU, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal sitting in Lagos which affirmed the decision of High Court of Lagos State that convicted two persons of the offences of conspiracy to commit Robbery contrary to section 403A of the Criminal Code (Amendment No.1) Law, 1980 of Lagos State and Robbery contrary to section 402(2) (a) of the same Law. The appellant herein was the second accused in the trial court, the 1st being one Adelani Onifade, who has been shown to have died in prison between the period of his conviction by the trial court and hearing his appeal along with that of the present appellant. It is pertinent to point out here that although no death certificate was produced in respect of the 1st accused, the lower court acting on counsel (A.F. Okunuga's) pronouncement from the bar on 17th January, 1990 that the 1st accused was dead, struck out his appeal. See page 167 of the Record. Albeit, in its judgment dated 19th Februar…
ALABI
V.
THE STATE
(1993) JELR 45348 (SC)
Supreme Court 10 Sep 1993 Nigeria
BriefBot Summary
- This case is an appeal from the decision of the Court of Appeal in Lagos, which upheld the conviction of two individuals for conspiracy to commit robbery and robbery. - The appellant was the second accused in the trial court, and the firs
Case Details
Suit Number:SC.90/1991
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
UCHE OMO Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:Tayo OyetiboFunmi Ojo (Miss)Nojim Tairu For Appellant
Bode Rhodes- Vivour, Director of Public Prosecutions, Ministry of Justice, Lagos State For Respondent
Other Citations:Alabi v. State (1993) 7 NWLR (Pt.307) 511 (1992) 9 SCNJ 109
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