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…

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