(2007) JELR 45823 (CA)    

Court of Appeal  ·  CA/I/01/96 ·  14 Jun 2007 ·  Nigeria
Other Citations
OGUNTOLA V. STATE (2007) 12 NWLR (Pt.1049) 617 C.A.
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial judge
police station
evidence of pw1
reasonable doubt
3rd accused
accused person
trial court
armed robbery
learned trial judge
evidence act
2nd accused
3rd accused person
accused persons
independent evidence
involuntariness of exhibit
learned counsel
lower court
mr talabi counsel
offence of armed robbery
4th prosecution witness pw4
appellant of armed robbery
apt understanding of the facts of this matter
case of the prosecution
case submission
close of the prosecution case
evidence of identification of the appellant
evidence of the accused
following reasons
high court of justice of ogun state
investigating police officer
law of the sum of n1,500.00
laws of the federation of nigeria
mr salau
name of the appellant
said sentence
said statement
superior police office
supreme court
totality of the evidence

ALFRED P.E. AWALA, J.C.A. (Delivering the Leading Judgment): The Appellant here was arraigned on a four count charge of conspiracy and robbery on 28/4/04, alongside two other persons as 1st and 2nd Accused contrary to section 1(2) (a) and 5(b) of the robbery and Firearms Special Provisions Act, cap 398, Laws of the Federation of Nigeria 1990 in Suit No. ABJ/18R/02 at the High Court of Justice of Ogun State holding at Abeokuta. They pleaded not guilty. The prosecution called five witnesses to prove its case. At the close of the prosecution case, Mr Salau for the 2nd accused person but on behalf of all the accused persons made a no case submission. In his Ruling dated 25/9/03 the learned trial judge held that the 1st and 2nd Accused had no case to answer and discharged and acquitted them. Only the 3rd Accused was therefore tried.

For an apt understanding of the facts of this matter, I relate them albeit briefly hereunder. The case of the prosecution is this. On 4/4/02 at kilometer 2 Aye…

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