CaseLaw
Isong Vs. The State (2016) CLR 6(a) (SC)
Judgement delivered on June 24th 2016
Brief
Facts
The appellant herein was arraigned and charged along with three (3) others namely Victor Essien Victor, Ukeme Sunday Usen and Monday Akpan Sunday on three-count charge of armed robbery.
On the 22nd of June 2001, as claimed by the prosecution; the Appellant herein and his gang, armed with offensive weapons robbed the residents of No. 1 Bassey Ekanem Street, Eket, Akwa Ibom State and disposed them of various properties and sums of money.
The Appellant herein denied the three (3) count charge. He submitted that he was neither at the scene of the robbery let alone committed the alleged offence.
The Appellant further denied making any voluntary confessional statement as it was made under duress after being tortured and shot in the leg.
Nevertheless, the trial judge held that the prosecution has proved its case beyond reasonable doubt and thereafter convicted and sentenced the Appellant and 1st accused person while the 3rd and 4th accused persons were acquitted.
Dissatisfied, the Appellant appealed to the Court of Appeal which affirmed the conviction and sentence of the trial court and dismissed the appeal.
Aggrieved, the Appellant appealed further to the Apex Court.
Issues
Whether the Justices of the Court of Appeal were right in law to have relied...