(2007) JELR 49384 (SC)    

Supreme Court  ·  SC.103/2005 ·  9 Mar 2007 ·  Nigeria
Other Citations
Dibie v. State (2007) 9 NWLR (Pt.1038) 30 (2007) 3 S.C (Pt I) 176 (2007) 3 S.C (Pt I) 176
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Core Terms Beta
judgment of the court of appeal
accused persons
trial court
high court of delta state
anambra state
learned trial judge
statement of offence count
proof of its case
close of evidence
said date
following issues
pleas of the appellants
3rd accused
english language
1st accused
addresses of counsel
armed robbery
leading judgment
alleged contradictions
reasonable doubt
satisfaction of the court
confessional statements
case of the prosecution
said learned counsel
fourth issue
students of oko polytechnic
appeals of the appellants
lower court
court holds
statement of the trial judge
court of appeal
laws of bendel state of nigeria
entire trial
delta state
material contradictions
valid reason
requirement of a valid arraignment
evidence of the prosecution witnesses
requirements of section
such person
evidence of the pw4
third appellants
special provisions
alleged material contradictions
said words

KATSINA-ALU, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 28 June, 2004 which dismissed the appeals of the three appellants.

The appellants who were students of Oko Polytechnic, Anambra State, were jointly arraigned before the High Court of Delta State, Holden at Agbor upon an information containing two counts to wit:

"Statement of Offence Count I

Conspiracy to rob, contrary to section 4(b) and punishable under section 1(2)(a) respectively of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended.

Particulars Of Offence

Golden Dibie (m), Friday Iyamah (m) and Godfrey Ujomu (m) on or about the 21st day of August, 1996 at Agbor in the jurisdiction of the Asaba Robbery and Firearms Tribunal, conspired with one another to commit a felony to wit: Armed robbery.

Statement of Offence Count II

Armed Robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Dec…

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