(2019) JELR 80322 (SC)    
Supreme Court  ·  SC.272/2017 ·  18 Jan 2019 ·  Nigeria
Other Citations
SCER[2019] SC.272/2017
IBRAHIM TANKO MUHAMMAD..... Justice, Supreme Court MARY UKAEGO PETER-ODILI..... Justice, Supreme Court KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN..... Justice, Supreme Court AMIRU SANUSI..... Justice, Supreme Court EJEMBI EKO..... Justice, Supreme Court
Core Terms Beta
2nd accused
culpable homicide
identification parade
1st accused
reasonable doubt
scene of crime
lower court
accused person
armed robbers
concurrent findings of fact
defence of alibi
exhibit p9
identification of the appellant
trial court
lead judgment
learned trial judge
sole issue
appellant's counsel
court of appeal
extra-judicial statement
offence of criminal conspiracy
alleged alibi
concurrent findings
evidence of pw
judgment of the trial court
learned counsel
material time
stance of the appellant
accused persons
alleged armed robbery
appellate courts
complaints of fact
complaints of pure facts
force of legal evidence
grounds of appeal
high court of sokoto state
logical conclusion
open court
peculiar circumstance of this case
police exhibit p9
proof of evidence
right of appellant
state cid
undiscredited evidence of the pw

EJEMBI EKO, J.S.C. (Delivering the Lead Judgment): The appellant, convicted by the High Court of Sokoto State (Coram: D. B. Sambo, J) for the robbery while armed with dangerous weapon, and for culpable homicide punishable with death, was sentenced to death. His conviction and sentence were upon his appeal, affirmed by the Court of Appeal, Sokoto division on 16th February, 2017. He has further appealed to this Court on four (4) grounds of appeal all which are grounds or complaints of pure facts. Three of the grounds, that is grounds 2, 3, 8, 4, were though prefaced as errors in law. In actuality, they are complaints of fact. The right of appellant to appeal as of right on the 4 grounds complaining on facts is secured by Section 233 (2) (d) of the Constitution, the Court of Appeal having affirmed his death sentence.

The main thrust of the appeal, as argued by M. O. Folorunsho, Esq., of Counsel for the appellant, on a sole issue for the determination of the appeal is bifurcated as follows…

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