THE STATE
V.
ISIAKA

(2013) JELR 45970 (SC)    

Supreme Court  ·  SC.315/2011 ·  10 May 2013 ·  Nigeria
 · 
Other Citations
State v. Isiaka (2013) 11 NWLR (Pt. 1364) 162
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Core Terms Beta
respondent
lower court
defence
learned trial judge
trial court
evidence
reasonable doubt
record of appeal
brief of argument
evidence of the prosecution
nearby house
act cap
arrest of the accused
cross-examination
defence of the accused
distress call
following facts
judgment of the trial court
p.w.2 mutiyat abdulkareem
scene of crime
available evidence
evidence act
ingredients of the offence of armed robbery
judgment of the court of appeal
accused persons
appellants notice of appeal
armed robbery case
charge of armed robbery
considered judgment
court of appeal ilorin division
cross-examination of the accused
evidence of the prosecution witnesses
following intents
following morning
guilty men
hon. attorney general of kwara state
ilorin judicial division of the high court of kwara state
information of the attack
kamaldeen ajibade
kwara state
leading judgment
legal ingredient of the offence of armey robbery
nwlr pt
prosecutions case
reasoning of the lower court
said robbery
state counsel grade
underlined portion of the learned trial judge
underlined words

STANLEY SHENKO ALAGOA, J.S.C. (Delivering the Leading Judgment): The Respondent as accused was arraigned before the Ilorin Judicial Division of the High Court of Kwara State of Nigeria on a charge of Armed Robbery contrary to section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11, Laws of the Federation of Nigeria 2004. He pleaded not guilty and the case went on to be fully heard with the prosecution calling four witnesses and tendering three exhibits. The Respondent gave evidence on his behalf and called no witnesses. Written addresses were submitted and adopted by counsel and in a considered judgment delivered on the 30th June, 2010, Kawu, J. found the Respondent guilty and accordingly convicted and sentenced him to death by hanging.

The prosecutions case was that on the 27th August, 2009 in the evening hours, one Mutiyat Abdulkareem who testified as P.W.2 was coming from her friend's house when at a point along Atiku Road, Adewole Ilorin her phone rang. She ans…

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