(2018) JELR 38993 (SC)    

Supreme Court  ·  SC.977/2015 ·  1 Jun 2018 ·  Nigeria
Other Citations
Segun v. State (2018) 14 NWLR (Pt. 1638) 122
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Core Terms Beta
lesser offence
learned trial judge
special provisions
reasonable doubt
trial court
court of appeal
gun point
criminal procedure law of ogun state
guilty knowledge
lower court
said car
said jamiu dairo
sentence of the appellant
armed robbery
decision of the learned trial judge
jamiu dairo
judgment of the court
accused person
appellant of a lesser offence
evidence of the prosecution
extra judicial statements of the appellant
learned attorney general of ogun state
learned counsel
normal take
number plate
principal elements of the offence of aiding
said act
accused has notice of an aggravated offence
cap r11 laws of the federation of nigeria
car wash person
commission of an offence
confessional statement of the appellant
consideration of the issues
elements of the charge
evidence shows
following day
following findings
ingredients of the offence of receiving
judgment of the court of appeal
leading judgment
offence of aiding
pw1 of his car
stolen property
trial judge
view of the learned counsel

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan, delivered on 9th June, 2015 wherein the lower Court, by majority of two to one, affirmed the conviction and sentence of the appellant to life imprisonment for the offence of receiving under Section 5 of the Robbery and Firearms (Special Provisions) Act, Cap R11 Laws of the Federation of Nigeria, 2004, though he was actually charged under Section 6 (a) of the said Act for the offence of aiding and abetting the commission of an offence.

Briefly, the facts giving birth to this appeal are that the Appellant and one Jamiu Dairo were tried together for armed robbery and aiding the commission of armed robbery. The evidence of the prosecution at the trial showed that the said Jamiu Dairo went to rob PW1 of his car at gun point somewhere in Igbeba Road, Ijebu Ode. During the operation, PW2 was shot by the said Jamiu Dairo. On the following day, Jamiu took the car t…

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