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CYRIACUS OGIDI & ORS V. THE STATE

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CYRIACUS OGIDI & ORS V. THE STATE

Legalpedia Citation: (2005) Legalpedia (SC) 11112

In the Supreme Court of Nigeria

Fri Jan 14, 2005

Suit Number: SC. 203/2003

CORAM


MUHAMMADU LAWAL UWAIS CHIEF JUSTICE NIGERIA

ABUBAKAR BASHIR JUSTICE, SUPREME COURT

SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT


PARTIES


1.CYRIACUS OGIDI2. AUGUSTINE AWUZIE3. PAUL UZOECHI4. CHUKWUDI OGIDI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The 1st appellant was identified as one of the persons who carried the robbery in issue while the 2nd- 4th appellants were charged because they were found in the 1st appellant’s house at the time of their arrest. ?


HELD


The court held that the 1st appellant was rightly convicted but discharged and acquitted the 2nd- 4th appellants. ?


ISSUES


1. Whether the 1st appellant’s fundamental right under section 36(7) of the Constitution of the Federal Republic of Nigeria, 1999 was violated in this case and if so, did such violation not render the entire trial and conviction of the 1st appellant unconstitutional, null and void?2. Whether there was cogent, convincing and satisfactory evidence of proper identification of the 1st appellant as one of the armed robbers that committed the offence of armed robbery in the dwelling house of Innocent Nnakaihe as stated in the information.?


RATIONES DECIDENDI


CASES CITED


1. Panalpina V. Warihoko [1975] 2 S. C. 29 at 35; 2. State V. Aibangbee [1988] 3 NWLR (Pt. 84) 548 at 577,’ 3. Alhaji A. R. Animashaun V. University College Hospital [1996] 10 NWLR (Pt. 476) 65 at 76. 4. Fawehinmi Construction Co. Ltd. V. Obafemi Awolowo University [1998] 6 NWLR (Pt. 553) 171 at 1835. Oshevire v. British Caledonia Airways Ltd. 1990 7 NWLR P.5076. The State V. Muhtari Kura [1975] 2 SC 837. Haruna & Anor. V. The Police [1967] N.M.L.R. 145 at 153?


STATUTES REFERRED TO


NONE?


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