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STATE
V.
GWANGWAN

(2015) JELR 44221 (SC)    

Supreme Court  ·  SC.504/2012 ·  3 Jul 2015 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUMAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
trial
respondent
trial court
evidence
reasonable doubt
learned trial judge
appeal
lower court
confessional statement
accused person
others
armed robbery
accused persons
charge of conspiracy
lead judgment
offence of criminal conspiracy
alleged confessional statement of the respondent
court of appeal
confessional statement of the respondent
learned counsel
decision of the learned trial judge
proof of its case
admissibility of the said statements
decision of the lower court
judgment of the court of appeal
judgment of the trial court
r11 laws of federation of nigeria
wild goose chase
above conclusion of the lower court
application of the prosecution
clear evidence of agreement
conclusion of the court
confessional statements of the accused persons
criminal offence
finding of the trial court
following issue
following words
hon. attorney general of kwara state
john inyang okoro
judgment of the high court of kwara state
known settled principle of law
leading judgment
named persons
pieces of evidence
police station
said conspiracy
stance of the lower court
synopsis of the facts
voluntariness of the said statement

JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, sitting at Ilorin delivered on 25th January, 2011 wherein it set aside the judgment of the High Court of Kwara State, Ilorin which had earlier convicted and sentenced the appellant to 14 years imprisonment on a charge of conspiracy to commit armed robbery contrary to Section 6 of the Robbery and Firearms (Special Provisions) Act 2004. The Court of Appeal entered a verdict of discharge and acquittal for the respondent. A synopsis of the facts will suffice.

On 4th July, 2006, while PW5, one Abioye Moses was on duty at the Police Station, Ajasaipo, a team of police officers led by one Cpl. Inusa Ibrahim arrested and brought to the station, one Joshua John together with one cartridge where he (Joshua) confessed that he belonged to a six-man gang of armed robbers whose names he mentioned, including the respondent herein. All the named persons except one were arrested and…

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