Legalpedia Citation: (2013-06) Legalpedia (SC) 11911
In the Supreme Court of Nigeria
Fri Jun 14, 2013
Suit Number: SC. 397/2011
CORAM
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
PARTIES
WALE BANJO APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, Wale Banjo, together with two others were charged at the trial court with conspiracy to commit armed robbery and armed robbery. At the conclusion of hearing, the trial court found the appellant guilty as charged and sentenced him to death. The appellant was aggrieved with the decision of the trial court and as a result appealed to the Court of Appeal; the lower court heard the appeal and allowed it in part by substituting the death sentence with twenty one (21) years imprisonment. Further aggrieved by the above judgment of the lower court the appellant has appealed to this court.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the prosecution proved a case of robbery beyond reasonable doubt at the trial against the appellant to warrant his conviction for robbery and sentence to 21 years imprisonment by the lower court.?
RATIONES DECIDENDI
PROOF OF CRIME-PROOF BEYOND REASONABLE- DUTY OF PROSECUTION
“And it is trite law that the requirement that prosecution is expected to proof any criminal offence beyond reasonable doubt is not and does not require absolute proof beyond reasonable doubt or proof beyond all shadows of doubt.” PER OLU ARIWOOLA, JSC
CASES CITED
Stephen John & Anor Vs The State (2011) 18 NWLR (Pt.1278) 353Alkalezi Vs State (1993) 2 NWLR (Pt.273) 1Oreoluwa Onakova Vs FRC (20020) 11 NWLR (Pt.779) 595
STATUTES REFERRED TO
Stephen John & Anor Vs The State (2011) 18 NWLR (Pt.1278) 353Alkalezi Vs State (1993) 2 NWLR (Pt.273) 1Oreoluwa Onakova Vs FRC (20020) 11 NWLR (Pt.779) 595