BENSON
V.
STATE

(2018) JELR 46297 (CA)

Court of Appeal · CA/B/380C/2015 · 19 Feb 2018 · Nigeria

CORAM

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

confessional statement

appeal

learned counsel

armed robbery

evidence

reasonable doubt

exhibits b

following cases

offence of conspiracy

nwlr part

exhibit b

learned trial judge

exhibits

superior police officer

supreme court

trial judge

accused person

lower court

statements

unlawful act

lone issue

accused persons

actus reus

appellant of the offence of conspiracy

b c d

determination of the appeal

judgment of the lower court

leading judgment

orerokpe police station

positive confessional statement

totality of the evidence

trial court

akinyemi vs state

armed robbers

armed robbery gang

bello vs state

case file

conclusion of hearing

conviction of appellant set

counts charge of conspiracy

criminal case

delta state of nigeria

exhibit c

facts of the case

judgment of delta state high court

judgment of the high court of justice

paragraphs c e

paragraphs d g

proof of its case

state c.i.d. asaba

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice, Orerokpe, Delta State of Nigeria in Suit No. HOR/18C/2012 BETWEEN: THE STATE AND ERIGA BENSON and 2 ORS delivered on the 22nd day of July, 2015.

Briefly, the facts of the case are that on 20/8/11, one Emosaga Ufuoma (m) lodged a complaint at Orerokpe Police Station that on 19/8/2011, his Peugeot 504 Saloon Car with Registration Number CK 199 EKY, blue in colour, driven by his driver, Osheri, was robbed at gun point by armed robbers from his driver at Ugolo bad spot while going on an errand to Oha town.

On 20/8/2011, the Appellant was arrested by men of the Federal Task Force at Oha Junction and handed over to the police at Orerokpe Police Station.

The Appellant made two statements to the police. In one statement he denied committing the offence for which he was charged and in the second one he confessed to the crime. In the Confessional Statement he mentione…

BENSON V. STATE

BENSON
V.
STATE