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CaseLaw

Eyo V. The State (2016) CLR 1 (j) (SC)

Judgement delivered on January, 29th 2016

Brief

  • Concurrent findings of two lower courts.
  • Armed robbery.
  • Criminal trial.
  • Standard of proof.

Facts

The appellant herein being the second accused person was convicted and sentenced to death for offences of conspiracy to commit armed robbery and armed robbery under Section 403(1) and 402(2) of the Criminal Code Vol. 2 Cap 32, Laws of Lagos State 1994 respectively.

However, the first accused person Sunday Omokwale was found to be underage at the commission of the said offence and ordered that he be remanded in prison custody pending the pleasure of his Excellency, the Governor of Lagos State pursuant to Section 368 (3) of the Criminal Procedure Law, Laws of Lagos State 2003.

Dissatisfied, an appeal was lodged to the Court of Appeal which was unanimously dismissed on the court that it lacked merit.

Aggrieved, the appellant appealed to the Apex Court.

Issues

Whether in the circumstances of this case, the Court of Appeal was right in..

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