(2004) JELR 44999 (CA)    

Court of Appeal  ·  CA/I/257/02 ·  19 Apr 2004 ·  Nigeria
Other Citations
Bolanle v. State (2005) 7 NWLR (Pt.925)431
Bolanle v. State (2005) 7 NWLR (Pt. 925) 431
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLAADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
identification parade
accused person
2nd accused
trial court
learned trial judge
conviction of the appellant
evidence act
identification of the appellant
mistaken identity
robbery incident
identity of the appellant
4th prosecution witness
scene of crime
2nd pw
defence of the appellant
evidence of the prosecution witnesses
failure of the judge
identification of an accused person
offence of armed robbery
1st-4th prosecution witnesses
22nd day of october
5th prosecution witness
brief facts of the case
corroboration of the evidence of the pw5
course of identification photograph of witnesses
dissimilar evidence
favour of the 2nd accused
foregoing decision of the trial court
ibadan oyo state of nigeria
judgment of the high court of justice
leading judgment
mr. emmanuel fatundimu of n5,300
oyo state
photographs of the identification parade
prosecution of the case
said daramola
snap shots of identification
such photographs
victims of the incident
witnesses of their impression of the person

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Oyo State, Ibadan Judicial Division, delivered on the 23rd of January, 2002. The one count information preferred against the appellant and another dated the 29th of September, 1997 reads:-

"Morufu Bolanle

Gbolagade Alawode

On or about the 22nd day of October, 1996 at Olorunsogo, Oke-Itunu, Ibadan Oyo State of Nigeria, while armed with offensive weapons to wit: guns, bottles, knockout, robbed Mr. Emmanuel Fatundimu of N5,300, Mr. Bashir Ishola N12,000, Mr. Biodun Alaga of N4,700, Mr. Ikuesan Olajide of N2,500, Mr. Benjamin Akindoyin of N1,000 and other property such as clothes, jewelery, video, wrist watch etc. contrary to and punishable under section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Volume 22, Laws of the Federation of Nigeria, 1990."

The brief facts of the case are that by the time the prosecution commenced trial in the case, o…

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