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CaseLaw

Ebeinwe V. State (2011) CLR 1(b) (SC)

Judgement delivered on January 14th 2010

Brief

  • Armed Robbery
  • Findings of fact

Facts

The charge for which the Appellant was arraigned before the Ogun State High Court, holden in Ijebu- Ode reads as follows:

  • "That you Michael Ebeinwe on or about (sic) the 23rd day of October, 2000 at Itele in the Ijebu-Ode Judicial Division robbed one Paul Umoke of a Suzuki F Motorcycle FR 50 valued at NI 00,000.00 and at the time of the said robbery was armed with an offensive weapon to wit cutlass and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery G and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990 as amended by the Tribunals (Certain Consequential Amendments, etc), Decree, 1999."

The Appellant defended himself and denied that he made the confessional statement voluntarily, but that he was tortured by the police.

The learned trial Judge at the end of the case for the prosecution and the defence found the prosecution case proved beyond reasonable doubt, and convicted him as charged. Aggrieved by the conviction, the accused appealed to the Court of Appeal. The Court of Appeal found no merit in the appeal and so dismissed it, and affirmed the decision of the Court of trial.

Dissatisfied with the judgment, he has again appealed to this Court

Issues

  • 1
    Whether the prosecution failed to prove the guilt of the Appellant...
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