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THE PEOPLE OF LAGOS STATE
V.
UMARU

(2014) JELR 40181 (SC)

Supreme Court 14 Mar 2014 Nigeria
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- The respondent was charged with armed robbery and stabbing Mr. Nnosiri in 2006, and was initially sentenced to death by the trial court. - The Court of Appeal overturned this decision, acquitting the respondent due to lack of proof beyon

Case Details

Suit Number:SC.455/2012
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:Dr. Muiz Banire, with him; P. Giwa [Mrs.], Dare Oketade, Ojochagu Ochai and Aramide Babtunde For Appellant Andrew Igboekwe Esq. For Respondent

IBRAHIM T. MUHAMMAD, JSC.(DELIVERING THE LEADING JUDGMENT): From the facts contained in the printed record of the appeal, the prosecution's case against the respondent is that the respondent along with others, were charged before the High Court of Lagos, holden at Lagos Judicial Division [the trial Court], with Armed Robbery, contrary to section 402(2)(a) of the Criminal Code Law, Cap 17, vol. 12, Laws of Lagos State, 2003.

The respondent with others at large, were alleged to have, on or about the 11th day of March, 2006, at Din Alloy Close, Oke Afa, Ilamose Estate Ejigbo, Lagos in the Ikeja Judicial Division, whilst armed with offensive weapons to wit: a dagger and a shot gun robbed and stabbed one Mr. Nnosiri on the chest. The amount robbed was (₦5,000.00) five thousand naira. The respondent was arrested by some OPC members a little distance from where the robbery had taken place. Mr. Nnosiri, as PW1, identified the respondent from his sandals which had been by his door entrance bef…

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