SUNDAY OMEGA
V.
THE STATE

(1964) JELR 80384 (SC)    
Supreme Court  ·  SC 430/1964 ·  27 Nov 1964 ·  Nigeria
 · 
Other Citations
(1964) 1 ALL NLR 379
CORAM
BRETT, JUSTICE, SUPREME COURT BAIRAMIAN, JUSTICE, SUPREME COURT COKER, JUSTICE, SUPREME COURT
Core Terms Beta
appellant
case
counsel
adjournment
learned trial judge
witness
evidence
identification parade
prosecution
accused person
adjournment of the trial
trial court
5th prosecution witness
circumstances of the present case
criminal procedure code law
federal supreme court
high court
photographs of the accused persons
preliminary investigation
privy council
refusal of the trial judge
trial judge
10th prosecution witness
actual trial of the appellant
adequate consideration
ample opportunity
application of maliki law
counts of robbery
course of the investigation of the case
defence of alibi
evidence of the 10th prosecution witness
fair chance
first accused
high court of the jos
investigation of the case
judgment of the court
judicial division of northern nigeria
kano native authority
material evidence
murder case
others
penal code
police officer
present case
prosecution witnesses
records of the case show
second accused
such refusal
tenth prosecution witness
view of the fact

COKER, J.S.C. (Delivering the judgment of the Court)

The appellant was in the High Court of the Jos judicial division of Northern Nigeria (Bate J.) convicted on three counts of robbery and brigandage contrary to sections 298 and 301 of the Penal Code. He was tried along with three others and he was the first accused. The second and fourth accused were acquitted and discharged whilst like the appellant the third accused was convicted on some of the counts charging him with robbery and brigandage. The trial Judge accepted the case for the prosecution to the effect that the appellant was a member of an armed gang of robbers which had waylaid the several persons on the several dates as described on the charge. He rejected the defence of alibi put forward by the appellant.

Learned counsel for the appellant submitted that the verdict was not supported by the evidence and in particular suggested that:

(i) the evidence of the 10th prosecution witness, Lukuman Agai, on which alone the appellant w…

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