SANI LAWALI v THE STATE

(2019) JELR 80322 (SC)

Supreme Court · SC.272/2017 · 18 Jan 2019 · Nigeria
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Other Citations

SCER[2019] SC.272/2017

CORAM

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

appellant

evidence

appeal

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

cross-examination

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…