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CaseLaw

Dawai V. State (2017) CLR 12(j) (SC)

Judgement delivered on December 15th 2017

Brief

  • Proof beyond reasonable doubt
  • Armed robbery
  • Admission by conduct
  • Finding of fact
  • Alibi
  • Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990
  • Section 135 of the Evidence Act, 2011

Facts

This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 8th March, 2013 wherein the lower court dismissed the appeal of the appellant and affirmed the decision of the trial High Court which convicted and sentenced the appellant to 14 years imprisonment for the offence of Armed Robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990.

A brief fact of the case is that on the 31st day of January, 2004, at Kachia in Kaduna State, the Appellant was alleged to have forcefully entered the residence of one Alhaji Maharazi Saidu while armed with a locally made pistol and robbed the said victim of the sum of N500,000 = (five hundred thousand naira) only

At the trial, the prosecution called four witnesses and tendered one exhibit to prove the charge against the appellant while the appellant gave evidence in his defence.

After the conclusion of the trial, the learned trial Judge convicted the appellant for committing the offence of armed robbery and was accordingly sentenced to 14 years imprisonment.

Dissatisfied with the decision of the learned trial Judge, the Appellant filed an appeal at the Court of Appeal, Kaduna which dismissed the appeal for lacking in merit.

Being further dissatisfied with the judgment of the lower court, the Appellant has again, appealed to this court.

Issues

Whether the court below was right to have affirmed the conviction and sentence...

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