OSI
V.
STATE

(2018) JELR 38934 (CA)    

Court of Appeal  ·  CA/B/144C/2013 ·  17 May 2018 ·  Nigeria
CORAM
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
accused person
police
evidence
learned trial judge
prosecution
pw2
armed robbery
defence of alibi
issues
prosecution witnesses
trial court
8th day of december
ghana police station
reasonable doubt
scene of crime
sitting room
witnesses
earliest opportunity
identification of the appellant
judgment of the high court of delta state
course of cross-examination
evidence of the pw1
following cases
nepa light
probative value
such witness
trial
appellants brief of argument
briefs of argument
case of conspiracy
count charge of conspiracy
criminal act of the armed robbery
evidence of pw1
facts of the case
following authorities
illegal acts of the accused person
leading judgment
light of the above detailed guiding principles
names of the persons
night of december
physical feature of an accused person
said vote eyitemi
testimonies of the prosecution witnesses
totality of the evidence of pw1
view of the evidence

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State sitting in Sapele and delivered by C.E. Achilefu J., on the 8th day of December, 2011, wherein the Appellant was convicted on a two count charge of conspiracy to commit armed robbery and armed robbery and consequently sentenced to death by hanging.

Briefly stated, the facts of the case as presented by the prosecution was that on the 24/12/2004, one Vote Eyitemi was in his house when at about 11 pm, two boys armed with guns came into his sitting room. They pointed the guns at him and asked him and his family to lie down or else blood will flow. They later asked his wife to get up to bring the money they have. They followed his wife into the room where she collected the money from the top of the wardrobe which total sum was N24,000. The boys came back to the sitting room and collected the sum of N400 on top of the table as well as the Nokia 3310 mobile…

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