ALHAJI AHMED AGBAJE & ORS V. CHIEF SALAMI AGBOLUAJE & ORS
August 29, 2025EGBO OJOJO V. THE STATE
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 30004
In the Supreme Court of Nigeria
Fri Feb 20, 1970
Suit Number: SC 177/1969
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
MATTHEW BABLOLA & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were convicted for robbery with the threat of a gun. The deposition of a witness who was searched for and could not be found was admitted as part of the evidence in convicting the appellants.
HELD
The court held that provisions of section 34(1) of the Evidence Act was satisfied in admitting the deposition of the witness and that the prosecution needs not prove that an accused person is capable of executing his threat before a conviction for robbery.
ISSUES
1. Whether the deposition of Margaret Ekong was rightly admitted under section 34 of the Evidence Act in convicting the appellant.
2. Whether the trial court was right to have convicted the appellant for robbery when it was not proved that the accused persons used actual personal violence.
RATIONES DECIDENDI
HOW TO ESTABLISH ROBBERY
If in the circumstances a reasonable man, looking at what was happening would have thought that violence might follow so that he handed over his goods as a result, then the offence of robbery is made out.Per Lewis J.S.C
CASES CITED
Reg. v. Hall Reg. v. Desmond [1965] A.C. 960
Cladstone v. Padwick(1871) L.R. 6 Ex. 203
STATUTES REFERRED TO
The Evidence Act
