KPOM
V.
STATE

(2022) JELR 109125 (CA)

Court of Appeal · CA/AK/92C/2019 · 21 Jan 2022 · Nigeria

CORAM

Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA

Core Terms ^Beta

appellant

pw1

armed robbery

evidence

evidence of pw1

trial court

evidence act

pw3

hearsay evidence

respondent’s counsel

trial judge

appellant counsel

circumstantial evidence

pw2

admissible evidence

commission of the crime

credible evidence

learned trial judge

offence of armed robbery

testimony of pw1

7th day of december

act cap r11 laws of the federation

attention of pw1

careful review of the various issues

confessional statement of the accused

confessional statement of the appellant

criminal trial

cross-examination

edo state commissioner of public

end of the trial

entire evidence amounts

evidence of an eye witness

facts of the case

following cases

following ingredients

full trial

hand of his counsel mr. fred onuobia

leading judgment

learned counsel

nigerian army

ondo state high court of justice

previous occasion

pw1’s attention

respective counsel

single issue

special provisions

substantive charge

totality of the evidence

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment):

On 12th October, 2017, the Appellant along with two other persons namely: (1) Efe Sunday and (2) Richard Effiong were arraigned before the Ondo State High Court of Justice sitting at Akure on a two counts Charge No: AK/24C/17 for conspiracy to commit armed robbery and armed robbery punishable under Section 6(b) and Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation. The Appellant pleaded not guilty to the allegation and the matter went to full trial during which the prosecution (Respondent) called four witnesses while the Appellant testified for himself and did not call any other witness.

At the end of the trial, the Appellant and the two others with whom he stood trial were convicted and sentenced to death by hanging, for conspiracy to commit armed robbery and armed robbery. Aggrieved by this decision the Appellant filed a Notice of Appeal containing six Grounds of A…

KPOM V. STATE

KPOM
V.
STATE