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ORIMOLOYE
V.
THE STATE

(1984) JELR 46455 (SC)

Supreme Court 18 Oct 1984 Nigeria
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Case Details

Suit Number:SC.73/1983
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Mr. Babatunde Aribido holding brief - Mr. Ate Babalola For Appellant Dr. G. O. Olateru-Olagbegi (Mrs), D.D.P.P. Oyo State For Respondent

IRIKEFE, Ag. C.J.N. (Presiding): The appellant in pursuance of the commission of robbery on the night indicated on the charge brought against him discharged a double-barrelled shot gun in the direction of P.w.1 and scored a hit. Some of the pellets in the cartridge injured P.w.1 on his right hand. Thereafter some of the confederates of the appellant broke down the door of the Singer Machine shop and stole money and goods. P.w.1 and P.w.2 saw the appellant and gave testimony to that effect. In fact, after P.w.1 had received treatment for his gunshot injuries, he was taken by the police to the police station and as soon as he caught sight of the appellant, he pointed to him as the robber who had fired at him in the early hours of that day. The police recovered the spent cartridge at the scene of robbery.

The only issue in this case is that of identity and on the record, the appellant was properly and adequately identified by both P.w.1 and P.w.2, who had ample opportunity to do so. The …

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