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CaseLaw

Bolanle Vs. State (2009) CLR 12(g) (SC)

Judgement delivered on 18th December 2009

Brief

  • Burden of proof in criminal cases

Facts

This is an appeal against the judgment of the Court of Appeal. Ibadan delivered on 19th April, 2004 affirming the conviction and sentence of death on the Appellant by the Oyo State High Court sitting at Ibadan of the offence of armed robbery.

The Appellant and another co-accused person were arraigned and tried by the trial High Court on one count, information for armed robbery. In the course of the trial, the prosecution called five witnesses in support of the charge while She Appellant testified in support of his own defence. In his judgment which was delivered on 23rd January, 2002, after appraising the evidence adduced by the prosecution and the defence put up by the Appellant and his co-accused, the learned trial Judge found the Appellant guilty of the offence of armed robbery and convicted him. He was sentenced to death in accordance with the law while the co-accused of the Appellant was discharged and acquitted.

The Appellant who was aggrieved by his conviction and sentence, appealed to the Court of Appeal Ibadan Division on five grounds of appeal. After hearing the parties on their respective briefs of argument, the Court of Appeal in its judgment handed down on 19th April, 2004, the Appellant's appeal was dismissed and his conviction and sentence of death were affirmed. Still not satisfied with this decision the Appellant is now on a further and final appeal to this Court.

Still aggrieved the Appellant appealed to the Supreme Court.

Issues

  • 1
    Whether the conviction of the Appellant can stand not withstanding the...
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