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BOZIN
V.
THE STATE

(1985) JELR 46504 (SC)    

Supreme Court  ·  SC.212/1984 ·  11 Jul 1985 ·  Nigeria
 · 
Other Citations
BOZIN V. THE STATE (1985) 2 NWLR (Pt.8)465
Bozin v State (1985) 2 NWLR (Pt. 8) 465
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
police
appeal
court
case
court of appeal
prosecution witnesses
identification parade
armed robber
reasonable doubt
identification of the appellant
armed robbery
defence of the appellant
learned trial judge
no.6 eboh road
minor facts
such evidence
1st p.w. samuel okorefe
accused person
common course of natural events
criminal cases
decree no.
early hours of the 8th july
early identification
identification of a suspected person
2nd p. w. william emeurude
accuracy of their identification of the appellant
circumstances of this case
common ground
court of appeal holding
court of first instance
crucial issue of identification
evidence of witnesses of identity
great majority of cases
important question
judgments of the courts
knew samuel bozin
leading judgment
main ground
method of his identification
previous night
principal fact
principal facts of this case
said emmanuel olodi
see r. v
sentence of the trial court
sufficient number of others
totality of the evidence
unorthodox evidence of identification
view of the evidence

OPUTA, JSC (Delivering the Leading Judgment): This appeal was heard on Thursday, 16th May, 1985. After carefully reading the records of proceedings, the Briefs of Argument filed on both sides. and listening to learned counsel, the Court decided to allow the appeal. The appeal was then allowed, the judgments of the courts below set aside, as well as the conviction and sentence of the trial court. In their stead, a verdict of Not Guilty was entered and the appellant was accordingly acquitted and discharged. The Court then indicated that Reasons for Judgment would be given on the 11th July, 1985. Hereunder are my reasons.

The appellant was in the court of first instance charged with Armed Robbery punishable by death under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970. He was on 29/9/83 found guilty by Ajuyah, J. sitting in the Warri Judicial Division of the Bendel State High Court, and sentenced to death. The appellant then appealed against his co…

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