Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ISA
V.
STATE

(2016) JELR 57676 (CA)    

Court of Appeal  ·  CA/IL/C. 152/2014 ·  24 Nov 2016 ·  Nigeria
CORAM
CHIDI NWAOMA UWA JCA (Presided) HAMMA AKAWU BARKA JCA (Read the Lead Judgment) BOLOUKUROMO MOSES UGO JCA

Ratio Decidendi

Core Terms Beta
appellant
trial
evidence
confessional statement
person
trial court
accused person
armed robbery
confessional statements
conviction of the appellant
fair hearing
learned counsel
proper procedure
evidence act
lower court
1st accused
accused persons
attorney-general
facts of this case
fair trial
high court
learned trial judge
reasonable doubt
state v
trial judge
admission of his statement amounts
alleged voluntary statements of the appellant
appellant’s alleged confessional statement
appropriate time
barka jca
breach of his fundamental right
conduct of the trial
confessional statement of the appellant
decision of the high court of justice
evidence of pw1
evidence of the prosecution
honourable court
ilorin kwara state
laws of the federation of nigeria
leading judgment
none of the accused persons
offences of criminal conspiracy
oyo state
prosecution’s case
said act
statements of the accused persons
such trial
two-count charge of conspiracy
usual rules
various statements

BARKA JCA (DELIVERING THE LEADING JUDGMENt): The appeal is against the decision of the High Court of Justice, Ilorin, in suit No. KWS/36C/2011, between The State v. Omotayo Isa, decided on 1 July 2014, wherein the appellant and three others were found guilty and convicted for the offences of criminal conspiracy and armed robbery under sections 1(2) and 6(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria. The prosecution’s case is anchored on the facts that the appellant who was charged as 4th accused person before the trial High Court, along with three others on a two-count charge of conspiracy and armed robbery, on 18 February 2011 while armed with guns and other dangerous weapons invaded the Rockfield Petrol Filling Station, Ilorin Kwara State and robbed one Abdulrahman Aliyu, a petrol sales attendant of the proceeds of sale and the handsets of his colleagues.

While the 1st accused person was allegedly arrested at the scene of crime …

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