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