Ratio Decidendi



BABALOLA & ANOR
V.
THE STATE

(1970) JELR 45915 (SC)    

Supreme Court  ·  SC.177/1969 ·  20 Feb 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 46
CORAM
GEORGE BAPTIST AYODOLA COKER JSC IAN LEWIS JSC ATANDA FATAYI-WILLIAMS JSC

Ratio Decidendi

Core Terms Beta
accused persons
learned trial judge
1st p.w.
actual violence
personal violence
chief williams
eyes of a threatened person
virtue of a threat of actual violence
2nd p.w.
judicial proceeding
evidence of a girl
result of her absence yesterday
view chief williams
high court calabar
second accused
circumstances of the case
similar objection
brief case
bona fide buyers of goods
evidence law
threatened person
earlier times
later stage
use of the word
identity card
little doubt
subsequent judicial proceeding
depositions of margaret ekong
mr okon
evidence
view
2nd p.w.s
criminal code
high court
material evidence of the 4th p.w.
adverse party
charge no. c
main question
bramwell b.
case
gun point
writ of execution
actual seizure
goods
gun
reasonable man


LEWIS, J.S.C.: (Delivering the Leading Judgment): On the 11th of July, 1969 Bassey, J. in the High Court Calabar convicted the two accused persons in Charge No. C/5C/69 of robbery contrary to section 402 of the Criminal Code and sentenced each of them to 10 years imprisonment with hard labour.

The case for the prosecution put briefly was that the two accused persons were policemen and the second accused called out of a queue Sunday Babalola (1st P.W.) and Shedrack Owolabi (2nd P.W.) on the 6th of September, 1968 when they were waiting to deposit money which they had in a brief case (exhibit 1) at Barclays Bank, Calabar. He then produced his identity card and said he was a policeman from the C.I.D. and required them to come and see his "Oga" meaning "Boss". They agreed and on the way they met the 1st accused who asked what was happening and on being told he asked if they had money and when they said they had he asked how much but the 1st P.W. refused to tell him. The 1st accused then t…

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