J.E. OSHEVIRE LTD. VS TRIPOLI MOTORS
July 3, 2025CHIEF M.O.A. AGBAISI & ORS VS E. EBIKOREFE & ORS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 61819
In the Supreme Court of Nigeria
Fri Apr 18, 1997
Suit Number: SC. 76/96
CORAM
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT (Presided)
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT (Read the Leading Judgment)
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
MICHAEL ALOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused/appellant was charged with armed robbery and was subsequently convicted. On appeal it was contended that the evidence of a material witness having been expunged, the conviction cannot stand.
HELD
The court held that the appeal of the appellant is allowed because the evidence of PWZ which was expunged from the record formed the basis of the conviction.
ISSUES
Whether the court below was right in affirming the conviction of the appellant for the offence of armed robbery.
RATIONES DECIDENDI
PUNISHMENT FOR THE OFFENCE OF ROBBERY
The punishment on conviction for robbery with firearms is sentence of death. It is immaterial whether the offender is found guilty as a principal offender or as a participant or as an order or a better or a person who has counseled or procured the commission of the offence or a conspirator who has committed the offence.”- Per Adio JSC.
CONVICTION IS TO BE BASED ON PROOF
“A conviction can legally be based on proof beyond reasonable doubt and not on suspicion that the accused committed the offence”- Per Adio JSC.
CASES CITED
(1) Lengbe vs. Imalo (1959) SCNLR 640
(2) Abrehe vs. the The State (1975) 9-11 SC 97
(3) Arunna vs. The State (1990) 6 NWLR Part 155, 125.
(4) Orosun vs. Attorney General, Bendel State (1985) 11 SC 1 194
(5) Iyaro vs. The Stat (1988) 1 NWLR Part 69 256
STATUTES REFERRED TO
(i) Robbery and Firearms Act.
