Legalpedia Citation: (2013) Legalpedia (SC) 29161
In the Supreme Court of Nigeria
Wed May 1, 2013
Suit Number: SC. 315/2011
CORAM
S.U. MOHAMMED JUSTICE, SUPREME COURT (He died in a motor accident on Tuesday, 9th February,1993 befo
PARTIES
THE STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent as accused was charged at the trial court for the offence of Armed Robbery contrary to Section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11, Laws of the Federation of Nigeria 2004. The trial court convicted the accused as charged, aggrieved by his conviction and sentence the Respondent appealed to the Court of Appeal in which the appellate court allowed the appeal. The State appealed to the Apex court against the judgment of the court of Appeal.
HELD
APPEAL ALLOWED
ISSUES
Whether the lower court was right to have held that the prosecution failed to establish the ingredients of the offence of Armed Robbery against the Respondent to warrant his conviction by the trial Court (Relates to Ground 2). Whether the lower court was right to have arrived at the conclusion that the learned trial Judge did not give consideration to the defence raised by the Accused/Respondent (Relates to ground 1)
RATIONES DECIDENDI
ARMED ROBBERY-THE INGREDIENTS OF THE OFFENCE OF ARMED ROBBERY
“What are the ingredients or constituents of the offence of Armed Robbery? They are as follows:-
a) That there was a Robbery or series of robberies
b) That the robberies were armed robberies
c) That the accused persons were or some of the people that committed the armed robbery.” PER STANLEY SHENKO ALAGOA, JSC
BURDEN OF PROOF- PROOF BEYOND REASONABLE DOUBT IN A CRIMINAL CASE
“The burden of proving that any person has been guilty of a crime or wrongful act is, subject to Section 139 of this Act, on the person who asserts it, whether the commission of such act is or is not directly in issue in the action.” The purport of this provision is that in an armed robbery case such as this, proof is beyond reasonable doubt. There is a plethora of case law to the effect that such proof beyond reasonable doubt is on the prosecution and it never changes.” PER STANLEY SHENKO ALAGOA, JSC
ARMED ROBBERY-THE INGREDIENTS OF THE OFFENCE OF ARMED ROBBERY
“What are the ingredients or constituents of the offence of Armed Robbery? They are as follows:-
a) That there was a Robbery or series of robberies
b) That the robberies were armed robberies
c) That the accused persons were or some of the people that committed the armed robbery.” PER STANLEY SHENKO ALAGOA, JSC
BURDEN OF PROOF- PROOF BEYOND REASONABLE DOUBT IN A CRIMINAL CASE
“The burden of proving that any person has been guilty of a crime or wrongful act is, subject to Section 139 of this Act, on the person who asserts it, whether the commission of such act is or is not directly in issue in the action.” The purport of this provision is that in an armed robbery case such as this, proof is beyond reasonable doubt. There is a plethora of case law to the effect that such proof beyond reasonable doubt is on the prosecution and it never changes.” PER STANLEY SHENKO ALAGOA, JSC
CASES CITED
NSE UDO NIJJA V. THE STATE (1993) 3 SENJ 28, 35; RASALU OLADIPUPO V. THE STATE (1993) 6 SENJ 233, 230 ADELENWA V. THE STATE (1972) 7 NSCC 591 and at 594 AFOLALU V. THE STATE (2010) 16 NWLR (PART 1220) 584 NWACHUKWU V. THE STATE (1985) 1 NWLR (PART II) 218
STATUTES REFERRED TO
Section 139 Evidence Act 2011 Section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11, Laws of the Federation of Nigeria 2004.