JOHN NWACHUKWU
V.
THE STATE

(1985) JELR 80448 (CA)    
Court of Appeal  ·  CA/L/246/84. ·  3 Oct 1985 ·  Nigeria
 · 
Other Citations
(1985) 2 NWLR 27.
CORAM
ADENEKAN ADEMOLA, J.C.A.(Presided) PHILIP NNAEMEKA-AGU, J.C.A. (Delivered the Lead Judgment) OWOLABI KOLAWOLE, J.C.A.
Core Terms Beta
appellant
evidence
toy-gun
robbery
offensive weapon
mohammed zil
learned judge
1st accused
act no.
special provisions
4th p.w.
offence
cattle market
persons
police officer
sub-section
sum of n4,990.00
ajegunle police station
mr. alatishe
pieces of evidence
section l
act no.47
assistant director of public prosecution
glare of electric light
particulars of the offence
such use
alhaji mohammed zil of n4,990.00
armed robbery
bag exhibit c
briefs of both counsel
evidence of identity of the appellant
evidence shows
gist of the submissions of the learned counsel
gun point
lagos high court
lesser offence of robbery simpliciter
meaning of the robbery
mohammed saleh
mohammed yisa
mrs. ajayi-okunuga
next complaint
offence of armed robbery
ordinary language
ownership of the property
pieces of inadmissible evidence
said offender wounds
second issue mrs. ajayi-okunuga
state v
view of other evidence
way p.w.4

NNAEMEKA-AGU, J.C.A. (Delivering the Lead Judgment): This is an appeal by John Nwachukwu (hereinafter called the appellant) against his conviction by Agoro, J., sitting in a Lagos High Court on the 11th of December, 1981. The appellant was convicted of an offence contrary to Section l(2)(a) of the Robbery and Firearms (Special Provisions) Act No.47 of from the cattle market at Ojo to Amukoko. They had just alighted from their motor-cycle which they parked at the side of the road and continued their journey home on foot. Mohammed Zil was walking in front while Mohammed Saleh (who testified as P. W.4) followed behind holding a bag (tendered as Exh. C) which contained the sum of N4,990.00. At a point on the way P.W.4 said that the appellant, who was accompanied by some other persons brought out what he thought to be a pistol, but which turned out to be a toy-gun (Exh. D) and pointed it at him. The appellant there and then demanded from 4th P.W. the bag, (Exh. C) otherwise 4th P.W. would …

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