CORAM
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
M.E. OGUNDARE, JUSTICE SUPREME COURT
S.U. ONU, JUSTICE SUPREME COURT
U.A. KALGO, JUSTICE SUPREME COURT
S.O. UWAIFO, JUSTICE SUPREME COURT
PARTIES
1. THEOPHILUS EYISI (ALIAS SUNDAY EYISI)
2. JOSEPH EZEBUILO
3. TITUS EYISI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL – CRIMINAL LAW AND PROCEDURE
SUMMARY OF FACTS
The appellants were arraigned for alleged robbery. The following day after the incidence, one of them offered some of the items stolen to the father of one of the victims. They were arrested and other items of the victims were found in their custody
HELD
The court upheld the conviction and sentence of the lower courts
ISSUES
Whether at the time (that is 18th July, 1981) when the appellants herein allegedly committed the offence of armed robbery and as at 9th November, 1983 when criminal proceedings were instituted against them for which they were tried and convicted by the High Court of Anambra State of Nigeria, the Robbery and Firearms (Special Provisions) Act No. 47 of 1970 as amended by the various enactments, including the Constitution of the Federal Republic of Nigeria (Certain Consequential Repeals) Act No. 105 of 1979 was a Federal Law or whether it should be regarded as a State enactment and whether the state High Court has the jurisdiction to hear and determine the case.
RATIONES DECIDENDI
DEFENCE OF ALIBI TO BE RAISED TIMEOUSLY
“The law relating to alibi is that an accused person who wished to raise alibi must raise it at the earliest opportunity to enable the police to investigate it and must offer evidence”…ONU JSC
JUDGEMENT IS PRESUMED REGULAR
“The law presumes the regularity of a judgment until the contrary is proved. Since the contrary in respect of the recording of the plea of the appellants in the instants case has not been shown, I hold unto the presumption.”…ONU JSC
CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT IS PERVERSE
“It is well settled law that the Supreme Court will not usually or generally interfere with the concurrent findings of fact of the Court of Appeal and the trial court unless such findings are found to be perverse.”…ONU JSC
CASES CITED
1. Salami v. The State (1988) 3 N.W.L.R 670,
2. State v. Peter Eze (1976) 1 S.C. 125 at 129-130,
STATUTES REFERRED TO
1. The Constitution of the Federal Republic of Nigeria (Certain Consequential Repeals etc.) Decree No. 105 of 1979
2. Section 215 of the Criminal Procedure Law
3. Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1970 (No. 47 of 1970) as amended by the Robbery and Firearms (Special Provisions) (Amendment) Act, 1974 (No. 8 of 1974)