Ratio DecidendiRatio Decidendi



ODILI
V.
THE STATE

(1977) JELR 46324 (SC)    

Supreme Court  ·  SC.431/1975 ·  1 Apr 1977 ·  Nigeria
 · 
Other Citations
(1977) All N.L.R 49 Odili v. State (1977) 4 S.C. 1
CORAM
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
tribunal
rev. sister mary catherine
rev. sisters
identification parade
evidence
defence of alibi
special provisions
26th day of october
anambra division
evidence of p.w.2
statement of offence
alibi
large sum of money
persons
reverend sister mary catherine of the sum
1st count
accused person
alarm clock
conclusion of the hearing of this appeal
cross examination
crucial moment
d. a. r. alexander
decision of the tribunal
door of their house
earliest opportunity
early hours of the october
equal opportunity
evidence of the prosecution
facts of the case
following offences
identification of the appellant
last prayers
leading judgment
main ground of appeal
night guards of the premises
number of subsidiary grounds
police station
presence of armed robbers
provisions of the robbery
reasonable doubt
rev. sister joseph mary
right conclusion
roman catholic reverend sisters
room of the rev. sisters
sentence of the appellant
sufficient evidence
wounded reverend sister joseph mary
wounded reverend sister mary catherine

D. A. R. ALEXANDER, CJN (Delivering the Leading Judgment): At the conclusion of the hearing of this appeal and without calling on learned counsel for the respondent we dismissed it and affirmed the conviction and sentence of the appellant. We now give our reasons for dismissing the appeal.

The appellant was convicted and sentenced to death by a Tribunal established pursuant to the provisions of the Robbery and Firearms (Special Provisions) Decree 1970 No. 47 of 1970 (as amended), having been found guilty of the following offences

"Statement of Offence (1st count)

Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970.

Particulars of Offence

Francis Odili on or about the 26th day of October, 1973 at Aguleri in Anambra Division in company with firearms robbed Reverend Sister Mary Catherine of the sum of ₦140.00.

Statement of Offence (2nd count)

Robbery contrary to Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Decre…

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