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CaseLaw

Aleke V. Cop (2020) CLR 12(c) (SC)

Judgement delivered on December 18th 2020

Brief

  • Armed Robbery
  • Proof beyond reasonable doubt
  • Concurrent finding of fact
  • Extra judicial statements not complained of at the court below
  • Confession – Whether can be used in favour of co-accused
  • Section 232 of the Evidence Act, 2011
  • Section 29(4) of the Evidence Act
  • Section 139 of the Evidence Act
  • Section 135 of the Evidence Act, 2011
  • Section 317 of the Penal Code
  • Section 5(b) of the Robbery and Firearms Special Provisions Act 1990
  • Section 1(2) of the Robbery and Firearms Special Provisions Act 1990
  • Section 3(1) of the Robbery and Firearms Special Provisions Act 1990

Facts

This is an appeal against the judgment of the Court of Appeal, Abuja Division, hereinafter referred to as the Court below, affirming the decision of the High Court of the Federal Capital Territory, herein after referred to as the trial Court. The trial Court's judgment was delivered on 25th March 2015 while the Lower Court's judgment being appealed against is dated 18th December 2017.

The appellant and two others, Mohammed Ibrahim and Peter Onuh, were arraigned on a three-count charge of criminal conspiracy to commit armed robbery, armed robbery and unlawful possession of locally made pistol contrary to Sections 5(b), 1(2) and 3(1) of the Robbery and Firearms Special Provisions Act Cap 398 Laws of the Federation 1990. The 4th accused, Usman Sarki, was charged with receiving stolen property contrary to Section 317 of the Penal Code.

The four accused persons on arraignment pleaded not guilty to their respective charges.

To establish the case against the appellant and the other three accused persons, the prosecution called seven witnesses and tendered seven Exhibits: A1— A3, B, C, D and E.

The appellant and his co-accused persons testified for themselves. At trial the appellant and the 1st and 3rd accused persons resiled from their extra-judicial statement: D, B and C respectively.

At the close of the case including addresses of counsel, the trial Court in a well-considered judgment convicted the 1st - 3rd accused persons as charged and sentenced them to death by hanging.

Dissatisfied, the appellant appealed to the lower Court on a notice filed on 21st June 2015 containing five grounds. The appeal was held unmeritorious and dismissed by the Court in its judgment delivered on the 18th of December 2017. The death sentence imposed by the trial Court was also affirmed by the lower Court.

Aggrieved, the appellant has further appealed to this Court on three grounds by his notice filed on the 23rd of February 2018.

Issues

The Court determined the appeal based on the following issue for determination:...

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