GODWIN EGBE UTTO
V.
THE STATE

(2021) JELR 109190 (SC)    
Supreme Court  ·  SC.66/2016 ·  26 Mar 2021 ·  Nigeria
CORAM
Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC Mohammed Lawal Garba, JSC Samuel Chukwudumebi Oseji, JSC Emmanuel Akomaye Agim, JSC

SAMUEL CHUKWUDUMEBI OSEJI, J.S.C. (Delivering the Leading Judgment): Appellant together with three other persons were alleged to have robbed Esman Fazubazic (PW2) of the sum of N2,000.00 and a Nokia 7250 mobile phone valued at N60,000.00 while armed with a gun. The incident took place at about 8 am on 4th April, 2004 at Pyramid Hotel and Conference Centre, Calabar. PW2 was at the material time, a guest at Pyramid Hotel and occupied room 205. At about 7.30 am on 4th April, 2004, the day of the robbery, PW2 left his hotel room to meet with his workers downstairs and returned to his room after the meeting which lasted approximately twenty minutes. Shortly after, PW2 had a knock on the door and sought to know who was at the door and a voice retorted housekeeper. PW2 opened the door and was confronted by a man wielding a gun.

The man pushed PW2 to the ground and told him to lie on the floor then a second man entered the room and tied PW2’s hands behind his back. Both attackers asked PW2 for…

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