CaseLaw
Saliu V. State (2018) CLR 3(h) (SC)
Judgement delivered on March 23rd 2018
Brief
Facts
On February 8, 2010, at the Kwara State High Court, Ilorin Judicial Division, the appellant herein, and three others, were arraigned for the offences of Criminal Conspiracy, Rape and Armed Robbery contrary to Sections 97 and 283 of the Penal Code, Laws of Kwara State of Nigeria, and Section 1 (1) and (2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Volume 14, Laws of the Federation of Nigeria, 2004, respectively. Nine witnesses presented the Prosecution's case.
Nine exhibits were equally tendered. The appellant testified in an attempt to establish his defence. He, however, did not call any other witness. The third accused person, sequel to his No Case Submission, was acquitted and discharged on July 9, 2010. The other accused persons were however not that lucky as on December 21, 2010, they were convicted and sentenced to two years imprisonment for being in possession of stolen items of property under Section 319A of the Penal Code.
This conviction for a lesser offence stemmed from the Courts (hereinafter, simply, referred as "the trial Court) conclusion that the offences of conspiracy, Rape and Armed Robbery were not proved beyond reasonable doubt.
The appellant's appeal at the Court of Appeal, having been dismissed, he proceeded to this Court.
Issues
Having regard to the evidence on record, whether the Court of Appeal was right...