(2001) JELR 45822 (CA)    

Court of Appeal  ·  CA/E/85/88 ·  28 Feb 2001 ·  Nigeria
Other Citations
Michael v. State (2002) 1 NWLR (Pt 749)500
Michael v. State (2002) 1 NWLR (Pt. 749) 500
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
trial judge
no-case submission
armed robbers
earliest opportunity
learned trial judge
lower court
name of the appellant
prima facie case
abia state
accused person
armed robbery
criminal procedure act
learned director of public prosecutions
offence of armed robbery
satisfactory identification of the appellant
1st issue
2nd prosecution witnesses
3rd charges
3rd witness
armed robbery subject matter of count
close of the evidence
defence counsel
evidence of proper identification of the appellant
evidence of pw3
fair hearing
final judgment
following issues
following words
fundamental right
high court of imo state
leading judgment
learned trial judge of his vital duties
learned trial judge ought
mandatory provisions of section
no case submission
present case
satisfactory evidence of identification
similar facts of identification onyeama
special provisions
state counsel
statement of the 1st prosecution witness
supreme court

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant was tried in the High Court of Imo State in the Aba Judicial Division (now in Abia State) of the offence of armed robbery contrary to section 1(2)(a) of the Robbery and Fire Arms (Special Provisions) Decree No. 47 of 1970 as amended by the Constitution of the Federal Republic (Certain Consequential Repeals) Decree No. 105 of 1979. The information contained altogether five counts alleging the offence of armed robbery against the appellant. The prosecution called three witnesses to testify in support of the offence charged against the appellant. P.W.1, Josiah Nwosuagwu Azuka testified on how his house was broken into by armed robbers in the night of 20th and 21st July, 1978 at about 2.a.m. He saw some of them holding dane guns. The appellant was the first to enter his room and pointed his gun at him. They removed a sum of N4,100.00 from a hole in his mattress and another sum of N200.00 from one of the pockets of his trousers…

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