GBADAMOSI & ORS.
V.
THE STATE

(1991) JELR 60480 (CA)    

Court of Appeal  ·  CA/L/62/88 ·  18 Jun 1991 ·  Nigeria
CORAM
ADENEKAN ADEMOLA, JCA FRANCIS OLISA AWOGU, JCA NIKI TOBI, JCA
Core Terms Beta
counsel
learned trial judge
accused person
evidence
confessional statement
appellants
2nd appellant
evidence act
3rd appellant
2nd appellants
statements
exhibit h
1st appellant
criminal code
doctrine of recent possession
jury system
procedure of a trial
circumstances of the case
charge of conspiracy
confessional statement of the 1st appellant
wrong procedure
abolition of the jury system
admissibility of the statement
arguments of counsel
armed robbery case
attorney-general west
autrefois convict
conviction of the 1st appellant
criminal code law of lagos state
exhibits j
favour of the accused persons
first count of conspiracy
following cases
learned trial judge ought
legal position
lower court
lower court ought
mr. f. ola uddoh
nigerian law
part of an accused person
place of legal proof
possession of the said vehicle
possession of the stolen vehicle
recent times
relevant evidence of the witnesses
substantive offence of robbery
tyre of the said mercedes benz car
voluntariness of a statement
voluntary confession
whole trial


TOBI, J.C.A (Delivering the Leading Judgment):

This is yet another armed robbery case. The appellants are three. They were charged with conspiracy to commit armed robbery under section 403 A of the Criminal Code Law of Lagos State. That is the first count. They were also charged with the substantive offence of robbery under section 402 (2) (b) of the same code. That is the second count.

Armed robbery is quite rampant in this country, particularly in recent times. And more particularly in the Lagos Area. So also are the appeals to this court. We get them very regularly. They come almost every other day. The trend is not only alarming but fairly frightening. But that is beside the point. Our concern here is with the legal position in relation to the facts. Let me first tell the story before the law and all that.

On 11th September, 1981, P. W. 1 was sent on an errand by P. W.2, his father. He left for the errand from their 77 Adeniji Jones Avenue residence at 6.30 a.m. to one Chief Lamikanr…

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