FREEBORN OKIEMUTE VS THE STATE
April 18, 2025SUNDAY EHIMIYEIN VS THE STATE
April 18, 2025Legalpedia Citation: (2016) Legalpedia (SC) 88115
In the Supreme Court of Nigeria
Fri Jul 1, 2016
Suit Number: SC.383/2014
CORAM
PARTIES
NELSON FRIDAY APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and two others were arraigned before the High Court of Justice of Ondo State, Akure Judicial Division on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6 (b) and 1 (2) (a), of the Robbery and Firearms (Special Provisions Act Cap R 11 Vol. 14 Laws of the Federal Republic of Nigeria 2004 respectively. The Appellant who was the 3rd accused person and his co-accused were alleged to have invaded the premises of Hon. Justice Williams Akin Akintoroye on the 1st day of February, 2008. They were armed and robbed the Judge and his household of the sum of N 14,000.00, two laptop computers and other valuables and inflicted various degrees of injury on them. Some of the Accused persons were alleged to have raped the family’s housemaid. The Appellant and his co-accused pleaded not guilty to each count of the charge. At the trial, the prosecution called four witnesses and rested its case. Appellant testified for himself but called no other witness. The learned trial Judge found each accused guilty as charged on each count of the charge and sentenced each to death by hanging. Aggrieved with the judgment of the trial Court, the Appellant appealed to the Court of Appeal which dismissed the Appellant’s appeal. Further aggrieved, the Appellant has lodged the instant appeal.
HELD
Appeal Dismissed.
ISSUES
1. Whether the lower Court was right in affirming the decision of the learned trial Judge that the prosecution led credible evidence of identification of the appellant as one of the armed robbers that attacked PW l and PW2 ?
2. Whether having regard to the circumstances and from the totality of the evidence on record, the lower Court was right in upholding the decision of the trial Court that the prosecution proved the offences of conspiracy to rob and armed robbery against the appellant beyond reasonable doubt. ?”
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
1. Criminal Procedure Law of Ondo State
2. Robbery and Firearms (Special Provisions Act Cap R 11 Vol. 14 Laws of the Federal Republic of Nigeria 2004
