Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1984) JELR 45813 (SC)    

Supreme Court  ·  SC.85/1983 ·  6 Jul 1984 ·  Nigeria
Other Citations
(1984) All N.L.R 356 (1984) 7 S.C. 47
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
special provisions
criminal code
first accused
lesser offence
criminal procedure law
first appellant
federal court of appeal
high court
learned judge
offence of robbery
actual violence
false pretences
high court of lagos state
armed robbery
lagos state
laws of lagos state
learned trial judge
accused persons
levy b. nwonwu
preference of the evidence of p.w.9
second accused
action of the first accused
arguments of counsel
commission of an offence
complaint of the first appellant
considered view
contentions of the first appellant
conviction of a lesser offence
conviction of both appellants
count charge
court convict
criminal case
criminal procedure law cap
effect of p.w.9
evidence of p.w.1
evidence of sambo
having regard
instance of the prosecution
leading judgment
offence of armed robbery
offence robbery
rejection of the evidence of p.w.3
said judgment
statement of the law
supreme court

OBASEKI, J.S.C. (Delivering the Leading Judgment):- The appellant and one Levy B. Nwonwu were tried and convicted on a two count charge of:

(1) Conspiracy to commit the offence of armed robbery contrary to section 3(b) of the Armed Robbery and Firearms (Special Provisions) Act, 1970.

(2) Robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970. by Desalu J. sitting at the High Court of Lagos State, Ikeja. The particulars of count two which are of particular relevance in this judgment read:

"Levy B. Nwonwu (m) and (2) Anthony Okobi (m) on or about the 12th day of November, 1980 at Ajegunle in the Ikeja Judicial Division being armed with an offensive weapon, to wit, a revolver, robbed Alhaji Umaru Haibu and Aibu Isman of a sum of ₦100,000.00 (One hundred thousand Naira)."

Twelve witnesses testified at the instance of the prosecution and only the two accused persons testified in their own defence. Desalu, J. in the concluding paragraphs of his jud…

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