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CaseLaw

Ekpo V. State (2018) CLR 2(L) (SC)

Judgement delivered on 23rd of February, 2018

Brief

  • Confessional statement
  • Contradiction in Evidence
  • Burden and standard of proof in criminal cases
  • Armed robbery
  • Section 402 (2)(a) of the Criminal Code Laws of Lagos State 2003
  • Section 36 (5) of the Constitution
  • Section 83(2)(a) of the Evidence Act 2011
  • Section 135(1) of the Evidence Act 2011
  • Section 135(2) of the Evidence Act 2011

Facts

The appellant was arraigned before the Lagos State High Court on the 15th of May, 2008 charged with armed robbery contrary to Section 402 (2)(a) of the Criminal Code Law Cap.C17 Vol.2 Laws of Lagos State 2003.

The prosecution's case against the appellant at the trial Court is that on the 5th January, 2006, one miss Ronke Odelana, who testified as PW1 in that Court, and her sister Toyin Odelana were walking towards Idi-Iroko bus stop, Anthony Area of Lagos State at about 6.45a.m when the Appellant and another person, now at large, who were on a motorcycle, accosted them. The Appellant alighted from the motorcycle and pointed an object which PW1 thought at the time to be a gun. The Appellant asked PW1 to handover her bag, wallet and phone. She handed over the items to the appellant who passed them over to the second person. As the appellant was about to mount the motorcycle, PW1 held him and shouted for help. The shout attracted passers-by who came to her help and the appellant was arrested. While this was going on the second person rode off on the motorcycle with the properties belonging to Pw1.

The Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called three witnesses and tendered the statement of the Appellant and seven other witnesses as well as a plier. These items were admitted in evidence and marked Exhibits P1-P8 and K respectively. Appellant testified in his defence and called no additional witness.

At the end of the trial, Dada J., in a reserved and considered judgment delivered on the 16th of September, 2010 found the appellant guilty as charged and sentenced him to death by hanging. The Appellant's appeal to the Court of appeal, Lagos Division was dismissed on the 6th of June, 2014. The instant appeal is against the decision of the Court of appeal.

Issues

  • Whether, after a proper and total evaluation of all the evidence on the records,...
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