(1984) JELR 46455 (SC)    

Supreme Court  ·  SC.73/1983 ·  18 Oct 1984 ·  Nigeria
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
Core Terms Beta
1st p.w.
court of appeal
police station
mr. aribido
identification of the appellant
learned trial judge
trial court
trial judge
additional grounds of appeal
circumstantial evidence
court of trial
oral submissions
original ground
special provisions
1st p
2nd p
appeal of the appellant
armed robbery
careful consideration
chief afe babalola
confederates of the appellant
defence of the appellant
detailed brief
direction of p.w
door of the singer machine shop
double-barrelled shot gun
evidence of prosecution witnesses
evidence of the lighting of the place
eye witness account
facts of this case
first opportunity
following morning
heavy weather of identification parade
judgments of the trial court
main attack
main questions
only issue
premises of singer machine company
pursuance of the commission of robbery
sight of the appellant
various grounds
white shirt

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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