(2018) JELR 38847 (SC)    

Supreme Court  ·  SC.129/2014 ·  8 Jun 2018 ·  Nigeria
Other Citations
Ayinde v. State (2018) 17 NWLR (Pt. 1647) 140
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Core Terms Beta
accused persons
scene of crime
court of appeal
scene of the crime
reasonable doubt
1st accused
oral testimony
trial court
broken bottle
defence of mistaken identity
identification parade
accused person
exhibit p5
grounds of appeal
circumstances of this case
police officers
evidence of pw2
exhibits p5
first accused
clear difference
learned justices of the court of appeal
police officer
second accused
stolen items
adelumola v. state
adjournment of the case
alleged stolen items
appellants defence of mistaken identity
appellants extra
appraisal of evidence
ekunola v. cbn
following reasons
judicial statement
kehinde ajumobi
kwara state high court
lagos state v. sowande
midst of other people
offence of armed robbery
pw8 vis
said amended notice of appeal
said grounds
said issue
statement of an accused person
such issues
victims of the armed robbery

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant, and one other Accused Person, Kehinde Ajumobi, were tried and convicted by the Kwara State High Court for the offence of armed robbery. They allegedly robbed the occupants of a compound at Budo-Nuru Area, Ilorin, and dispossessed them of valuables, including money, phone, and wrist watch, while "armed with a gun, cutlass, broken bottle, and dangerous weapons".

The Appellant, who was the second Accused, denied the allegation and put forward a defence of mistaken identity. He claimed that he went to see the first Accused in his house, which is in the same vicinity as the scene of crime, and while first Accused was seeing him off, they were accosted and attacked by two men, who accused them of being the robbers that operated that night. The trial Court, in its Judgment of 11/7/2012, rejected his defence and found him guilty. He was sentenced to 14 years' imprisonment without option of fine.

Aggrieved, the Appellant…

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