CaseLaw
Olufemi Ajayi Vs. State (2014) CLR 6(j) SC.
Judgement delivered on June 6th 2014
Brief
Facts
On the 30th November, 1996, at No. 12A, Mission Road, Benin-City an act of armed robbery was committed; the case was reported to the Police at the New Benin Police Station, where it was transferred to the State C.I.D.
This led to the charge against the appellant along with four others before the High Court of Edo State sitting at Benin-City, on a two count charge of conspiracy to commit armed robbery and armed robbery, punishable under Sections 5(b) and 1(2) (a) of the Robbery and Fire-arms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990.
It was in evidence that the father of the 1st accused person reported to the police that his son had stolen the sum of N190, 000 from his shop in Benin City on the 16th of November, 1996 while robbing the next shop in company of his gang on 30th November, 1996.
The 1st accused who died in prison, on his arrest volunteered a statement which subsequently led to the arrest of other gang members including the appellant.
The statements of members of the gang including that of the appellant upon their arrest were recorded by the Investigating Police Officer through whom the statements were tendered and admitted in evidence without any objection.
On his own part, the appellant vehemently denied being a member of the robbery gang and never participated in the alleged armed robbery. He told the court that he signed the statement under duress.
Having found that the respondent proved its case beyond reasonable doubt, the trial court convicted and sentenced the accused persons.
The appellant appealed the decision of the trial court which was further dismissed by the Court of Appeal.
Dissatisfied with the decision of the Court of Appeal, the appellant appealed to the Supreme Court.
Issues
Whether the lower court committed an error and the error occasioned a...