EWHARIEME & ORS.
V.
THE STATE

(1985) JELR 46500 (SC)    

Supreme Court  ·  SC.196/1984 ·  29 Nov 1985 ·  Nigeria
 · 
Other Citations
Ewharieme v. State (1985) NWLR (Pt.12) 272
Ewharieme v. State (1985) 3 NWLR (Pt. 12) 272
CORAM
KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Core Terms Beta
appellants
court
appeal
court of appeal
reasons
learned trial judge
facts
identification parade
2nd appellant
9th october
prosecution
trial
additional grounds of appeal
grounds of appeal
witness
2nd february
armed robbery
constitution of the federal republic of nigeria
death penalty
omnibus ground
reasonable doubt
special provisions
trial court
1st december
a. g. karibi-whyte
a. nnamani
b. o. kazeem
brother d.w.3
daily times newspaper
evidence of a witness
evidence of p.w.2
evidence of the witness
following issues
following monday
gang of robbers
ground of contradiction
gun ofter
issue of alibi
issue of contradiction
issue of identification of the appellants
issues of law
leading judgment
learned counsel
leave of the court of appeal
michael elechi
miscarriage of justice
original grounds
oyo state
pictures of the appellants
prosecution witnesses

B. O. KAZEEM, J.S.C. (Delivering the Leading Judgment): In this appeal, the Appellants were all tried and convicted for Armed Robbery by Adio J under Sec.1(2)(a) of the Robbery and Firemarms (Special Provisions) Act No.47 of 1970 as amended by Act. No. 8 of 1974. They were all sentenced to death, and their appeal to the Court of Appeal in Ibadan was equally dismissed. They have now further appealed to this Court.

The facts which led to the conviction are straightforward. The Appellants were in a gang of robbers who, armed with guns, invaded the premises of Faseru Motors, Ilesa in the early hours of 23rd November, 1981 in order to steal therein. One of them shot one Moses Adaramoye a night-watchman (P.W.1), with a gun ofter he failed to give them the keys to the office and the gate in the premises. He was shot in the stomach, his chest and side but he was immediately able to recognise one of the robbers as having a deformed leg. That person turned out to be the 2nd Appellant. Later at …

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