CORAM

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

U.A. KALGO

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)

PARTIES

ANTHONY ISIBOR APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was charged with armed robbery contrary to and punishable under section I (2)(a) of the Robbery and Firearms (Special Provisions) Decree (now Act) No.47 of 1970 as amended by the Robbery and Firearms (Special Provisions) (Amendment) Decree (Act) No.8 of 1974. The particulars of the offence were stated to be that on or about the 5th day of April, 1930 along Old Ife Road by the Express Way on Ibadan, the appellant armed with firearms, and in the company of other persons unknown, robbed one Alhaji Y.A. Afolabi of his Peugeot 504 car with registration No. OYB 2118 A valued at about N9,000.00 and a lady’s bag containing N600.00

HELD

The Appeal was dismissed.

ISSUES

(1) Whether or not the weight and quality of evidence adduced at the trial (court) and upheld by the lower court can sustain a sentence of death passed on the appellant. (2) Whether or not the lower court was right in evaluating the evidence obtained in Benin City which was outside the locus criminis at Ibadan as part of the direct evidence establishing the appellant’s guilt.”

RATIONES DECIDENDI

CASES CITED

Arehia v. The State (1982) 4 SC 78|Ahmed v. The State (2000)7 NWLR (pt.6 12) 641 at 672.|Enahoro v. The State (1965) NSCC (vol.4) 98 at 113.|Nasamu v. The State (1979) 6-9 SC 153 at 159|Onafowokan v. The State (1986) 2 NWLR (pt.23) 496 at 497

STATUTES REFERRED TO

NONE|

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