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OKOSUN
V.
THE STATE

(1979) JELR 42503 (SC)

Supreme Court 21 Mar 1979 Nigeria
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- The appellant was charged with robbery and being armed with a knife. - The prosecution presented evidence that the appellant was seen in the complainant's house with a knife and the stolen item, a record player. - The appellant claimed he

Case Details

Suit Number:SC.1/1978
Judges:DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria BUBA ARDO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Counsel:F. O. Akinrele For Appellant G. O. U. Okungbowa, Legal Adviser, Ministry of Justice, Bendel State For Respondent
Other Citations:(1979) All N.L.R 26 Okosun v. State (1979) 3-4 S.C. 24

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): Before the Robbery and Firearms Tribunal of the then Mid-Western State of Nigeria (now Bendel State) the above appellant was charged as follows:

"That you Joseph Okosun (m) on the 20th day of September, 1973 at Benin City in the Mid-Western State of Nigeria robbed one Amenaghawon Igbinovia (f) of a tape recorder values N100 and at the time of the robbery you were armed with a knife and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree "No. 47 of 1970. " For the prosecution, it was proved that in the morning of 20th September, 1979 when P.W.4 a civil servant, who lived at No. 32 Nosayaba Street, West Circular Road, Benin City was leaving for work, he left his junior sister, P.W.1 (the complainant) in the house. The door to the 4th P. W's apartment from the street was closed (but not locked). This door opened into 4th P. W's sitting room (parlour) while another do…

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