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?