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…

OSI V. STATE

OSI
V.
STATE