Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38780 (CA)    

Court of Appeal  ·  CA/B/179/2010 ·  4 Jun 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
judgment of the high court of edo state
contradicting nature of the evidence of pw1
close of evidence
confessional statement
decision of the learned trial judge
submissions of counsel
confessional statement of the appellant
pw2 vis
making of the said confessional
material contradiction
further submission of counsel
learned trial judge
conclusion of trial
armed robbery
evidence of the prosecution witnesses
part of the respondent
making of the said statement
statement of the accused having regard
evidence of the pw2
undated brief of argument
grounds of appeal
lower courts judgment
accused person
case of the prosecution
failure of the prosecution
scene of crime
place of the armed robbers
earliest opportunity
making of the confessional statement of the appellant
submission of counsel
evidence of the respondent
appellant of the offence of conspiracy
chief facts
reasonable doubt
statement of an accused person
material contradictions
names of the person
further argument of counsel
judgment of the court
hold of the appellant
notice of appeal
trial court
investigation of the defense of alibi
contention of counsel
discharge of the appellant
criminal prosecution

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Edo State sitting at Auchi Judicial Division Coram: EFE IKPONMWONBA, J delivered on the 2nd day of March, 2010 wherein the Court below convicted and sentenced the Appellant who was Accused person for the offences of conspiracy and Armed Robbery punishable under Section 5(B) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990. The lower Courts judgment is at pages 56-57 of the records.

At the trial, three (3) witnesses testified for the prosecution while the Appellant testified in his defense and called no witnesses. At the close of evidence the Appellant was discharged in three (3) of the five counts charge due to failure of the prosecution to prove the counts. At the conclusion of trial the Appellant as Accused person was convicted and sentenced to death. Dissatisfied with the judgment of the Court below, the Appe…

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