CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
ANTHONY OKOBI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and one Levy B. Nwonwu on or about the 12th day of November, 1980 at Ajegunle in the Ikeja Judicial Division being armed with an offensive weapon, to wit, a revolver, robbed Alhaji Umaru Hatibu and Aibu Usman of a sum of N100, 000.00 (One hundred thousand Naira) were tried and convicted on a two count charge of (1) Conspiracy to commit the offence of armed robbery contrary to section 3A (b) of the Armed Robbery and Firearms (Special Provisions) Act, 1970
HELD
APPEAL ALLOWED, THE APPELLANT WERE DISCHARGED AND ACQUITED
ISSUES
None
RATIONES DECIDENDI
LAYING FOUNDATION FOR A HOSTILE WITNESS
‘We are also of the view that where one witness called by the prosecution in a criminal case contradicts another prosecution witness on a material point the prosecution ought to lay some foundation, such as showing that the witness is hostile, before they can ask the court to reject testimony of one witness and accept that of the other in preference for the evidence of the discredited witness” PER OBASEKI, J.S.C
CASES CITED
None
STATUTES REFERRED TO
None