(2011) JELR 44591 (CA)    
Court of Appeal  ·  CA/B/283/08 ·  19 Jan 2011 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
defence of alibi
accused person
trial court
instant case
elder brother
learned trial judge
lower court
alibi of the accused person
date of the commission of the crime
defence of the appellant
evidence of pw1
evidential burden
members of the gang
mr. enenmo
particular time
reasonable doubt
sufficient evidence
trial judge
accused persons
ali abubakar babandi gumel
appellant mr. asugo
called aboki
case of alibi
case of the prosecution
commission of the crime
company of other persons
conclusion of hearing
criminal appeal
cross examination
draft of the lead judgment
final result
gachi v. state
house of his elder brother
house of pw2
inter alia
leading judgment
learned trial judge convict
odidika v. state
personal knowledge
present appeal
said judgment
scene of crime

CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): The Appellant in this criminal appeal was arraigned before the High Court of the Isiokolo Judicial Division of Delta State presided over by F.O. Oho J. on an information of two count charge of conspiracy to commit armed robbery and attempted armed robbery. The prosecution's case against the Appellant was that on 21/2/06 at about 11.30pm while one Samuel Odorume (who testified as PW2) and his wife were returning to their house from a journey, the Appellant and about four other persons accosted them and the Appellant whom PW2 had known earlier ordered PW2 to throw away the cigarette he was smoking. As he did so, the Appellant who was armed at the time and the other persons including one Stanley and another called Aboki then searched him under gun point and found the sum of N50.00 (fifty naira) on him. Although they returned the money stating that they were not there to steal N50.00, the Appellant threatened to T…

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