C.O.P
V.
ALOZIE

(2017) JELR 38222 (SC)

Supreme Court 20 Jan 2017 Nigeria
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Case Details

Suit Number:SC.60/2013
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUSA DATIJJO MUHAMMAD Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Counsel:F. F. Egele For Appellant Aliyu Saiki with him, I.T. Hassan and A. Abdulwahab (Miss) For Respondent

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): My Lords, this appeal turns on a very narrow compass. I shall return to it anon. Before then, however, it would only be proper to trace its forensic trajectory from the Court of first instance to this final Court. The respondent herein, Ephraim Alozie, was arraigned before the High Court of the Federal Capital Territory, Abuja, for the offences of conspiracy and armed robbery.

In proof of their case, the prosecution called five witnesses, PW1 - PW5. While PW2, a co-accused person, testified in favour of the Prosecution. PW1 and PW5 were the police Officers involved in the investigation of the case. While the PW1 received the report of the robbery incident and recovered certain items from the locus criminis, the Investigating Police Officer, PW5, in his evidence, identified and tendered a confessional statement which the respondent, allegedly made. The said statement was recorded by Emmanuel Okoye who was a member of the Investi…

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