(2015) JELR 44215 (SC)    

Supreme Court  ·  SC.259/2009 ·  3 Jul 2015 ·  Nigeria
Other Citations
Fabiyi v. State (2015) 18 NWLR (Pt. 1490) 80
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
lower court
armed robbery
identification parade
reasonable doubt
accused persons
1st accused
accused person
court of appeal
lead judgment
serious miscarriage of justice
confessional statements
evidence of pw1
leading judgment
edo state high court
judgment of the court of appeal
judgment of the trial court
laws of the federation
learned justices of the court of appeal
addresses of counsel
appeal raises
appellant of the offence of conspiracy
arrest of the accused persons
balogun v. ag ogun state
commencement of the trial
concurrent findings of the lower courts
confessional statements of the appellants
confession of the appellants
considered judgment
hearing of the appeal
identity of the appellants
issue of identification parade
issue of the identity of the appellant
own statement
prosecution witness
sanmabow v
sentence of the appellant
statements of facts

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division affirming the conviction and sentence of the appellant and three others by the Edo State High Court for Conspiracy and Armed Robbery punishable under Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of the laws of the Federation 1990, committed on or about 30th day of November, 1996 at Benin City within the trial court's jurisdiction. The team had conspired and robbed one Donatus Osigwe of the sum of N164,000.00 while armed with knives and other offensive weapons.

The respondent called five witnesses to make out its case at the trial court. PW1, had reported to the police that his son, the 1st accused, had stolen the sum of N190,000.00 from his shop in Benin City on 16/11/96 and, in company of others, robbed the next shop to his on 30-11-96. 1st accused on his arrest, volunteered a statement which led to t…

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