OJUKWU
V.
STATE

(2001) JELR 57769 (CA)    

Court of Appeal  ·  CA/PH/170/98 ·  17 May 2001 ·  Nigeria
 · 
Other Citations
Ojukwu v. State (2002) 4 NWLR (Pt. 756) 80
CORAM
MICHAEL EYARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA
Core Terms Beta
police
case
state
statement
appellants
police station
accused persons
identification parade
issues
learned trial judge
appellants’ counsel
attention of the police
evidence of the prosecution witnesses
issue of identification
others
reasonable doubt
whole episode
1st statement of that day
2nd appellants
accused person
aid of the police
armed robbery
case rests
centre piece of the appellants
common physical features
contradictory evidence
earliest opportunity
end of the trial
evidence of pw1
facial features
filling station
first statements of pw1
general appearance
group of persons of identical size
identification evidence
identity of an accused person
irregular identification of the appellants
known rule of law
lead judgment
matter of identification
matter of law look
number of persons
original grounds of appeal
pats-acholonu
police post
prosecution’s evidence
prosecution witnesses
real people
written statement

PATS-ACHOLONU, JCA: (Delivering the Lead Judgment): The appellants along with 3 others were hitherto charged and tried for armed robbery said to have been committed in the night of 29th August 1980 atOgbaku in Owerri. At the end of the trial 3 of the 6 accused were acquitted and discharged while the appellants were found guilty, convicted and sentenced to death, whereupon the prisoners appealed to the court. The original grounds of appeal were withdrawn and so the appellants’ counsel relied solely on the new grounds which were added later and from which issues were distilled form. The issues to be determined and as framed by the counsel are as follows: “Whether the learned trial Judge was right when having condemned the manifestly irregular identification of the appellants in a van after arrest still convicted them upon the same identification evidence led by PW2 and 5 at the sametrial.

Whether the learned trial Judge was right to have convicted the appellants on the prosecution’s ev…

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