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SADIKU
V.
STATE

(2013) JELR 51137 (SC)    

Supreme Court  ·  SC. 433/2011 ·  17 May 2013 ·  Nigeria
 · 
Other Citations
(2013) 11 NWLR (Pt 1364) 191
Sadiku v. State (2013) 11 NWLR (Pt. 1364) 191
CORAM
MAHMUD MOHAMMED JSC (Presided) JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC KUMAI BAYANG AKA’AHS JSC (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
appellant
court
special provisions
armed robbery
sections
identification parade
trial court
act of the national assembly
firearms act
act no.
attorney-general of the state
criminal proceedings
doctrine of recent possession
attorney-general of the federation
conviction of the appellant
court of law
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state house of assembly
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appellant fair trial
attorney-general of ogun state
circumstances of the case
judgment of the court of appeal
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prosecution witnesses
respect of an offence
scene of the crime
such fundamental nature
taking of the plea of the appellant
accused persons
aka’ahs jsc
decision of the trial court
end of the trial
surrounding circumstances of this case
appellant’s arrest
constitution of the federal republic of nigeria
count charge of conspiracy
court finds
days of the case file
general of the federation
judgement of the lower court
judgement of the trial court
learned counsel
ogun state high court
said act
sets of lace material
stolen goods
substituted sentence of life imprisonment
sufficient material

AKA’AHS JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (hereinafter referred to as the court below) delivered on 12 April 2011 which upheld the decision of the trial court for armed robbery.

The appellant and two others namely Abubakar Mohammed and Idowu Shittu were arraigned before the Ogun State High Court, Ota Judicial Division on a six count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended) by the Tribunal (Certain Consequential Amendments etc) Act, 1990. The appellant pleaded not guilty to the charge. The prosecution called 7 (seven) witnesses to prove its case and each of the accused persons testified in his defence. At the end of the trial, the 1st accused and the appellant (who was the 2nd accused) were convicted and sentenced to death while the 3rd accused was discharged and acquitted. I…

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