GIKI
V.
STATE

(2014) JELR 39831 (CA)

Court of Appeal · CA/C/88C/2013 · 12 Feb 2014 · Nigeria

CORAM

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

evidence

prosecution

pw1

reasonable doubt

accused person

trial court

confessional statement

learned trial judge

armed robbery

offence of armed robbery

persons

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…

GIKI V. STATE

GIKI
V.
STATE