THE STATE V. OLASHEHU SALAWU

CORAM

PARTIES

THE STATE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The accused person was arraigned before the high court on charges of conspiracy to commit the offence of armed robbery and armed robbery. The extra judicial statement of the accused that was presented by the accused was retracted and a trial within trial was ordered. It was resolved that the accused made the statement voluntarily and he was subsequently convicted.The accused successfully appealed his conviction. Being dissatisfied, the prosecution appealed.

HELD

I hold that the appeal is devoid of merit and it is hereby dismissed. I affirm the judgment of the lower Court setting aside the judgment of the lower court- Nwali Sylvester Ngwuta JSC

ISSUES

Whether the Court of Appeal was right to have held that  Exhibit 4, the extra-judicial Statement of the respondent was wrongly admitted (Relates to Ground 1 of the Ground of Appeal).Whether the Court of Appeal was right to have come(sic) to the conclusion that the respondent was not properly identified by PW2 who was the victim of the robbery operation. Whether the Court of appeal was right to have held that the prosecution had not led sufficient evidence to sustain the offence of criminal conspiracy against the respondent.

RATIONES DECIDENDI

CASES CITED

The State v. Mati Audu (1971) NNLR 91 at 92,Nakumde v. Jos NA (1966) NNLR 52 at 58-59,Queen v. Viaphony (1961) NNLR 47 at 47-48,Egbadekwu  Onobu v. IGP (1957) NNLR p.25Adekanbi v. AG Western Nigeria (1966) 4 NSCC 46 at 48Balogun v. A-G (2003) 2 SCNJ 196 at 211-212.Bello v. The State (2007) 10 NWLR (Pt.1043) pg. 564

STATUTES REFERRED TO

1. The Evidence Act.2. Penal Code.3. Robbery and Fire Arms (Special Provisions) Act Cap R11 LFN, 2004

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