Compulaw - 1st Indigenous Digital Law Library

Brief

Armed Robbery
Identification parade
Possession of stolen goods
Robbery
Section 148 of the Evidence Act

Facts

The Appellant, wale Banjo, together with two others were charged with conspiracy to commit armed robbery and armed robbery contrary to Section 5 (6) and 1(2) (c) of the Robbery and Firearms (special provisions) Act cap 398 Laws of the Federation of Nigeria 1990 as amended by the Tribunal (certain consequential amendments etc) Act 1999.

At the trial the prosecution called five (5) witnesses while the appellant gave evidence on his behalf. At the conclusion of hearing the trial court found the Appellant guilty as charged and sentenced him to death. The trial court in its conclusion held thus:-

"The totality of the evidence before the court reveals that the accused persons and others now at large participated in the robbery of 15/2/2000. All the ingredients of the offences charged have been proved, to wit:-

1
That the accused person and others at large did agree to rob the Pw2 and the Pw3 on 15/2/2000 which was an unlawful purpose;
2
That the robbery alleged to have taken place on 15/2/2000 at Anyegbani quarters. Ago-Iwoye, did in fact take place.
3
That at the time of the robbery the robbers were armed with dangerous weapons.
4
That the accused persons participated in the said robbery.

The prosecution has therefore proved the case against the 1st and 2nd accused persons beyond reasonable doubt. The defence put forward by the accused persons are well crafted lies, fabrications and after thoughts".

Page 98 of the record.

The appellant was aggrieved and as a result appealed to the Court of Appeal, which 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.

Issues

"Whether the prosecution proved a case of robbery at trial against the appellant...

Banjo V. The State (2013) CLR 6(k) (SC)

Judgement delivered on June 14th 2013

Brief

Facts

Issues