(2005) JELR 45296 (CA)    

Court of Appeal  ·  CA/A/190C/2003 ·  8 Dec 2005 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
identification parade
special provisions
evidence of pw1
reasonable doubt
accused person
armed robbery
trial court
decree no.
lower court
offence of robbery
star witness
advance fee fraud
briefs of argument
consequential amendments etc
documentary evidence
evidence of the complainant
evidence of the prosecution witness
face of irreconcilable contradictions
following issues
grounds of appeal
hearing of the appeal
high court niger state
ibrahim tanko muhammad
inter alia
issue no.
judgment of the lower court
leading judgment
light of the fact
mary u. peter odili
money laundering
mr. chukwuma-machukwu ume
police checkpoint
previous inconsistent statement
proper evidence of identification
prosecution evidence
respect of a ground of appeal
rules of this court
said grounds
said law
short time
statements of the accused person
such contradictions

OLABODE RHODES-VIVOUR, J.C.A.(Delivering the Leading Judgment): The appellant was charged in the High Court Niger State, sitting in Minna with Robbery, contrary to Section 1(1) of the Robbery and Firearms (Special Provisions) Act, 1990. He was found guilty of the offence on the 6th day of May, 2002, by the Hon. Justice Aisha A.L.B. Bwari and sentenced to 21 years in prison.

To substantiate its case, the State, now respondent in this appeal, called six witnesses and tendered documentary evidence, among which are the statements of the accused person and the complainant, PW1.

The prosecution's case was that on the 5th day of November, 1999, one Mohammed Ahmed, a commercial driver who testified as the PW1 drove his vehicle, a 505 Peugeot Station Wagon from Lagos to Minna, The registration number of his vehicle is XA 978 MNA. There were passengers and their belongings in the vehicle. On arriving at Edozhigi road junction, about 15 Kilometres from Bida, he ran over oranges stuck with nails.…

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