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CaseLaw

Ikpo V. The State (2016) CLR 3(g) (SC)

Judgement delivered on March 18th 2016

Brief

  • Criminal offence
  • Criminal trial
  • Confessional statement
  • Armed robbery
  • Identification of an accused person
  • Retraction of a confessional statement
  • Voluntary confession
  • Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 11 of the Robbery and Firearms (Special Provisions) Act
  • Section 135 (3) of the Evidence Act 2011

Facts

The Appellant herein was alleged to have robbed one Monica, her father and another tenant a Nokia phone valued at N5,500, N30,000 and N10,000 respectively. It was the prosecution’s case that the Appellant attacked the victims with a locally made pistol and cutlass. He was apprehended some months later in possession of the Nokia phone. He allegedly confessed to the crime in his two statements to the police.

Upon arraignment, the Appellant pleaded not guilty and raised the defence of Alibi.

The trial court found him guilty, convicted and sentenced him to death.

Dissatisfied, with the decision, he appealed to the Court of Appeal which dismissed the appeal by affirming the trial court.

Still dissatisfied, the Appellant approached the Apex Court.

Issues

Whether the Court of Appeal was right in holding that the respondent proved the...

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