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 …

JOHN NWACHUKWU V. THE STATE

JOHN NWACHUKWU
V.
THE STATE