(2014) JELR 39831 (CA)    

Court of Appeal  ·  CA/C/88C/2013 ·  12 Feb 2014 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
accused person
trial court
confessional statement
learned trial judge
armed robbery
offence of armed robbery
conduct of a trial
confessional statements
locus criminis
osina village
alleged robbery
conclusion of the trial
cross river state
further robbery operations
grounds of appeal
trial judge
admissibility of a statement
admissibility of exhibit
leading judgment
proof of the charge
totality of the evidence
voluntary confession
charge no hj
course of trial
decision of the supreme court
direct evidence of eye-witnesses
divergent times raise doubts
essential ingredients of armed robbery
evaluation of the evidence
incident take place
learned trial judge right
name of the 4th accused
offensive weapon of the time
offensive weapons
possession of the arm
prior trial
r v sykes
said evidence
said exhibit
said statement
said stolen sum of money
sentence of the high court of cross river state sitting
subsequent trial
village of the border of benue state

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment and sentence of the High Court of Cross River State sitting of Ogoja delivered on October 12, 2009 in charge No HJ/2C/2007.

The facts leading to this appeal are as follows: the Appellant and three other co-accused persons, on the 15th of December,2005, while armed with locally made pistols and a dagger, were alleged to have robbed one Ogbaji Pius Ogar, who testified as PW1, of the sum of N31,700.00 at Alifokpa, in Yala Local Government Area of Cross River State. PW1, a commercial motorcyclist, had gone to a village of the border of Benue State and Cross River State, to drop a passenger. On his way back,he ran into a road block alleged to have been set up by the Appellant, and three other co-accused persons. In an effort to reverse, the robbers emerged from the bush where they were hiding clutching a dagger and locally made pistols. The PW1 was robbed of the sum of N31,700.00. The PW1's…

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