Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38757 (CA)    

Court of Appeal  ·  CA/B/40C/2017 ·  25 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
accused person
trial court
circumstantial evidence
delta state
reasonable doubt
senior counsel
defence of alibi
lower court
sole issue
exhibit a
facebook account
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learned trial judge
offences of armed robbery
possession of the appellant
pw1s jeep
supreme court
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evidence of eye witness
evidence of identification
following week
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high court of delta state
lagos state
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learned counsel
moore a. a. adumein
mr. ekemejero owhovoriole
mr. o.f. enenmo
mudashiru n. oniyangi
notices of appeal
philomena m. ekpe
possession of an accused person
possession of pw1
possession of the stolen car
possession of the stolen jeep
said godwin
said payment
sentence of the court
single issue
trial judge
trial of the case
view of the evidence

MOORE A. A. ADUMEIN, JCA (DELIVERING THE LEADING JUDGMENT): The appellant and one Samuel Idoko were charged and tried in Charge No. O/19C/2014 for offences of armed robbery, receiving stolen property, kidnapping, demanding with menaces and stealing in the High Court of Delta State sitting at Ogwashi-Uku. The trial Court, after the trial of the case, delivered a reserved judgment on 07/12/2016 whereby the appellant was found guilty and sentenced as follows:

1. In each of counts i and vi, the sentence of the Court upon you is that you be hanged by the neck until you be dead. May God have mercy on your soul.

2. In each of counts iv and v, you are sentenced to 3 years and 7 years in the respective counts.

3. In each of counts iii and vii, you are sentenced to 15 years imprisonment on each of the counts.

Being dissatisfied with the decision of the trial Court, the appellant filed two notices of appeal one on 16/01/2017 and the other on 28/02/2017. The notice of appeal filed on 16/01/2017 was a…

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