Compulaw - 1st Indigenous Digital Law Library

Brief

Concurrent finding of facts by two lower courts.
Interference of an appellate court to facts by a lower court.
Right to fair hearing.
Armed robbery.
Conspiracy.
Guilt of an accused person.
Evidence of a single witness.
Rules of court.
Technicalities.
Effect of delay by counsel.
Failure to enter appearance.
Section 186 of the Criminal Procedure Code
Section 287(1) of the Criminal Procedure Act
Section 5 of the Robbery and Firearm Act 1990
Section 1(2) of the Robbery and Firearm Act 1990
Section 138(1) of the Evidence Act
Section 36(6)(b) of the 1999 Constitution
Section 36 (1) of the 1999 Constitution
Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act 1990

Facts

On the 20th of November, 2015 the appellant herein was charged along with two others on a two (2) count charge of conspiracy and armed robbery contrary to Sections 5 and 1(2) Robbery and Firearm (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990.

The prosecution commenced its case by calling all its witnesses and cross-examined same. However, the appellant made a no case submission which was overruled by the trial court.

Consequent upon the rejection of the appellant's no case submission by the trial Court at the close of the prosecution, the appellant testified in his defence, called one (1) witness.

At the end of the trial, the appellant was convicted as charged and sentenced to life imprisonment for the offence of conspiracy and death for the offence of armed robbery.

Dissatisfied, the appellant appealed to the Court of Appeal which dismissed the appeal. Hence, an appeal to the Supreme Court.

Issues

1
Whether the Appellant was accorded fair hearing at the Trial Court when...

DARLINGTON EZE V. FRN (2017) CLR 4(c) (SC)

Judgement delivered on April, 13th 2017

Brief

Facts

Issues