(1993) JELR 46307 (SC)    

Supreme Court  ·  SC.16/1992 ·  25 Jun 1993 ·  Nigeria
Other Citations
Asakitikpi v. State (1993) NWLR (Pt. 296) 641 (1993) 6 SCNJ 201
Asakitikpi v. State (1993) 5 NWLR (Pt. 296) 641
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
learned trial judge
provisions of section
reasonable time
court of appeal
fair trial
identity of the appellant
accused person
cross examination
present case
trial court
28th day of january
case of r. v. turnbull
concurrent findings of fact
concurrent findings of the lower courts
constitution of the federal republic of nigeria
criminal offence
effluxion of time
evidence of identification
police station
p. w.1
second issue
trial judge
trial of his case
trial of the accused
1st day of april
above mentioned accused person
attorney-general of delta state
circumstances of the present case
copy of the lead judgment
court finds
exhibit c
exhibit d1-d4
facts of the case
following remarks
high court of erstwhile bendel state
judgment of the trial judge
last sentence
leading judgment
police check-point
record of proceedings shows
record shows
said judgment of my brother
shows p.w.1
special provisions
view of the provisions of order

UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was charged in the High Court of erstwhile Bendel State sitting at Sapele with two counts of armed robbery contrary to section 1 subsection (2) (a) of the Firearms (Special Provisions) Act, No. 47 of 1970. He was convicted of both counts and was sentenced to death. The appellant brought an appeal to the court of appeal against the conviction.

The appeal was unsuccessful. He, therefore, appealed further to this court, formulating three issues for our determination, namely -

"1. Whether the appellant was denied a fair trial because of the inordinate delay in commencing the trial of his case.

2. Whether the concurrent findings of the lower courts were reasonable having regard to the evidence of identification before the (trial) court and the effluxion of time (or time-lag) between the alleged commission of the offence and the trial of the accused.

3. Whether the failure of the (trial) court to state specifically in the record…

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