(2000) JELR 44172 (SC)    

Supreme Court  ·  SC.160/1999 ·  8 Dec 2000 ·  Nigeria
Other Citations
Eyisi v. State (2000) 15 NWLR (Pt.691) 555 (2000) 12 S.C (Pt I) 24
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
special provisions
accused persons
justices of the court of appeal
trial court
2nd appellant
2nd appellants
decree no.
learned trial judge
3rd appellant
3rd appellants
1st appellant
findings of the trial court
high court of anambra state
constitution of the federal republic of nigeria
pam pam lane
following cases
leading judgment
offence of armed robbery
purported defence of alibi
trial of the appellant
criminal proceedings
decision of the court
exhibits c
failure of the trial judge
headlights of pw2
high court of anambra state of nigeria
house of the 3rd appellant
packets of records
search warrant
state enactment
state high court
trial judge act
18th day of july
amended decree no.
court finds
court of appeal holden
exhibit p
facts of the case
following day
front of the said vehicle
g.l car registration no.
g.l. saloon car
origin of this case
plea of each accused person
record of the trial court shows
useful statement

ONU, J.S.C. (Delivering the Leading Judgment): The origin of this case comprising of an attack on a vehicle (a Peugeot 504 G.L. saloon car) occupied by two persons - P.W. 2 and P.W.3 - involved the three accused persons (Theophilus Eyisi alias Sunday Eyisi, Joseph Ezebuilo and Titus Eyisi, who in the rest of this judgment I shall refer to as 1st, 2nd, and 3rd appellants respectively). They were jointly charged in a one-count information with the offence of Armed Robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1970 (No.47 of 1970) as amended by the Robbery and Firearms (Special Provisions) (Amendment) Act, 1974 (No.8 of 1974). The appellants who then subsequently stood trial before the High Court of Anambra State presided over by Obiesie, J. of blessed memory, sitting at Onitsha, were found guilty, convicted as charged and accordingly sentenced to death.

Aggrieved by this decision, the appellants appealed unsuccessfully against their conviction…

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