(2004) JELR 45038 (SC)    

Supreme Court  ·  SC.237/2002 ·  18 Jun 2004 ·  Nigeria
Other Citations
Ukpabi v. State (2004) 11 NWLR (Pt.884)439 (2004) 18 NSCQR 774
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
ngwa road
identification of the appellant
11th july
learned justices of the court of appeal
court of appeal
learned trial judge
offence of armed robbery
trial court
accused person
lower courts
small store
electric light
grounds of appeal
leading judgment
mr. onyeka
mr. ukiri
police station
special provisions
special reasons
absence of a valid identification parade
act of recognition
armed robbery
case of zekeri abudu v
common purpose
complainant of the incident
concurrent findings
conviction of the appellant of the offence
correctness of the identification of the accused
criminal code
facts of this case
findings of fact
first ground
first instinct of the appellant
guilt of the appellant
hand bag
high court
insufficiency of the evidence
little time
nature of identification of the appellant
own person
principle of common intention
question of a formal identification parade
said ngwa road
said offence
said p.w.2
sentence of the appellant
supreme court
written statement

UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant was arrested on 11th July, 1978 along Ngwa Road, Aba and later charged for the offence of armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970 as amended. He was arraigned before the High Court, Aba and tried for the said offence. On 30th March, 1982, the learned trial Judge (Nsofor, J.) found him guilty of the charge and convicted him. He was sentenced to death. His appeal to the Court of Appeal, Port Harcourt Division, was dismissed on 21st March, 2002.

The appellant has appealed to this court on two grounds of appeal. I shall state them without their particulars as follows:

"(i) The learned Justices of the Court of Appeal erred in law in affirming the conviction and sentence of death against the appellant when the evidence upon which he was convicted depended wholly or substantially on the correctness of one or more identification of the appellant which the d…

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