PEOPLES DEMOCRATIC PARTY v. IBRAHIM T. EL-SUDI & ORS
April 26, 2025WEMA BANK PLC. & ANOR v. ALARAN FROZEN FOODS AGENCY NIGERIA LIMITED & ANOR
April 26, 2025Legalpedia Citation: (2015-12) Legalpedia (SC) 98721
In the Supreme Court of Nigeria
Fri Dec 11, 2015
Suit Number: SC.56/2013
CORAM
IBRAHIM TANKO MUHAMMED JUSTICE, SUPREME COURT
MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CHIMA CENTUS NWEZE JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMED JUSTICE, SUPREME COURT
MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CHIMA CENTUS NWEZE JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMED JUSTICE, SUPREME COURT
MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CHIMA CENTUS NWEZE JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
PARTIES
ABUBAKAR SALE (Alias Sholi) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was charged together with two other persons at the High Court of Zamfara on a two count charge of conspiracy to rob and armed robbery contrary to Section 97 of the Penal Code and Section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, LFR 2004. The trial Court after considering the trial sentenced the Appellant and one other Accused person to death by hanging. Dissatisfied, the Appellant appealed to the Court of Appeal sitting in Sokoto where the court affirmed the decision of the trial court, hence, a further appeal to the Supreme Court.
HELD
Appeal Allowed
ISSUES
1. Whether it can be safely said that the identity of the appellant as one of the robbers was established beyond reasonable doubt by the evidence of Pw2 as affirmed by the lower court?
2. Whether the lower court was wrong to have affirmed the decision of the trial court that the appellant did not furnish sufficient particulars of his and as such his defence of alibi failed?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Evidence Act Cap E14.2011Robbery and Firearms (Special Provisions) Act, Cap R 11, LFR 2004
