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FREEBORN OKIEMUTE VS THE STATE

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FREEBORN OKIEMUTE VS THE STATE

Legalpedia Citation: (2016) Legalpedia (SC) 81219

In the Supreme Court of Nigeria

Fri Jul 1, 2016

Suit Number: SC. 501/2012

CORAM


KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS

KUMAI BAYANG AKA’AHS


PARTIES


FREEBORN OKIEMUTE APPELLANTS


The state

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant was charged and convicted on a six counts charge of conspiracy to commit armed robbery and robbery contrary and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 2004.  The Appellant pleaded not guilty to the counts and trial commenced. At the conclusion of the trial, the court discharged and acquitted the Appellant in respect of the counts II, III, IV and VI but the court relying on PW3’s evidence of  identification of the Appellant as one of the armed robbers convicted him in respect of counts I and V relating to the robbery. Dissatisfied with the judgment of the trial court, the Appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the decision of the trial Court.  The Appellant has further appealed to this Court.


HELD


Appeal Dismissed


ISSUES


Whether the lower court was right in upholding the finding of the trial court that the PW3 gave positive evidence of identification/recognition of the appellant as one of the armed robbers that robbed PW3?

Whether from the totality of the evidence on the record, the lower court was right in affirming the conviction of the appellant by the trial court for the offences of conspiracy to rob and armed robbery?

 


RATIONES DECIDENDI


CASES CITED



STATUTES REFERRED TO


Evidence Act 2011


CLICK HERE TO READ FULL JUDGMENT

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