(2022) JELR 109130 (CA)    
Court of Appeal  ·  CA/L/841M/2007 ·  14 Jan 2022 ·  Nigeria
Obande Festus Ogbuinya, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA
Core Terms Beta
trial court
record of appeal
accused person
reasonable doubt
armed robbery
submission of counsel
evidence of pw2
baba owo
evidence of pw1
learned trial judge
arraignment of the appellant
exhibit a
lower court
offences of conspiracy
scene of crime
count charge of conspiracy
laws of lagos state
offence of armed robbery
credible evidence
leading judgment
armed robbers
brief facts of the case
close of trial
company of other person
confessional statement of an accused person
confessional statements of the appellant
course of trial
criminal trial
failure of the trial court
final address of counsel
following conditions
important step
independent corroborative pieces of evidence
investigative police officer
issue no
judgment of the high court of lagos state
judgment of the trial court
mere fact
proper arraignment of an accused person
railway line
relevant pieces of evidence
respect of the identification of the appellant vis
said brief
support of his submission
voluntary confession of the accused person
woman use

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, Ikeja Judicial Division delivered by A.A. Oyebanji, J., on 25th February, 2005 wherein the learned trial Judge convicted the Appellant on two count charge of Conspiracy to Commit Robbery and Robbery with violence contrary to Sections 403 and 402(2) (a) respectively of the Criminal Code Cap.32 Laws of Lagos State 1994.


At trial, the Respondent called two witnesses who testified as PW1 and PW2 respectively. PW1 is the investigative police officer and in the course of trial, he tendered the confessional statements of the Appellant which were admitted and marked Exhibit A – A4. One Mrs. Aderanti Coker who was PW2 at trial testified that she is a trader and that she knows the Appellant. PW2 in her evidence stated further that on 8/02/1999 around 7-8 pm after the sale of the day, she counted her money in the total of N350,000 and put same…

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