(2022) JELR 109125 (CA)    
Court of Appeal  ·  CA/AK/92C/2019 ·  21 Jan 2022 ·  Nigeria
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA
Core Terms Beta
armed robbery
evidence of pw1
trial court
evidence act
hearsay evidence
respondent’s counsel
trial judge
appellant counsel
circumstantial evidence
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
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…

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