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KALU
V.
STATE

(2017) JELR 38179 (SC)

Supreme Court 13 Apr 2017 Nigeria
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- The appellant and another person were charged with armed robbery. - The appellant pleaded not guilty and testified in protestation of his innocence. - The trial court found the accused persons guilty and sentenced them to death by hanging

Case Details

Suit Number:SC.474/2011
Judges:OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:Chief Mike Ahamba, SAN with him, James Ubogu For Appellant M. O. Nlemedim, (the Honourable Attorney General and Commissioner for Justice, Imo State) with him, C. O. C. Emeka-Izima. For Respondent

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): At the Owerri Judicial Division of the High Court of Imo State, the appellant (first accused person, as he then was) and one Martin Egbufor were jointly charged with the offence of Armed Robbery contrary to Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14, Laws of the Federation of Nigeria, 2004.

Having pleaded not guilty to the charge, trial commenced with the Prosecution calling three witnesses in proof of their case. On his part, the appellant (as first accused person), not only testified in protestation of his innocence, he also called two witnesses.

My Lords, for reasons that would be evident anon, there is seldom any need for further voluble comments on the proceedings at the said Court (hereinafter, simply, referred to as "the trial Court"). Having regard to the appellant's principal complaint (as embodied in his Notice and Grounds of Appeal), the only aspect of the trial that is rele…

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