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CaseLaw

Samaila V. State (2020) CLR 12(G) (SC)

Judgement delivered on December 8th, 2020

Brief

  • Weapon – Whether has to be produced to secure conviction
  • Concurrent finding of fact
  • Identification of accused by voice
  • Confessional statement
  • Armed Robbery
  • Section 5(b) of the Robbery and Firearms Act 2004
  • Section 1(2)(a) of the Robbery and Firearms Act 2004

Facts

My lords, this is yet another appeal against the concurrent findings of guilt of an appellant by the two Courts below. By charge No: KB/HC/RF/14/2015, the respondent preferred a two-count charge of Conspiracy and Armed Robbery Contrary to Sections 5(b) and 1(2)(a) of the Robbery and Firearms Act 2004 against the appellant and three others at the Kebbi State High Court with Hon. Justice I.B. Mairiga, CJ as he then was, presiding. The appellant and the two others were alleged to have armed themselves with cutlasses and knives when they attacked their victims and dispossessed them of money and other valuable items.

To prove its case at the trial Court, the respondent called five witnesses. The appellant was DW2 of the four witnesses called by the defence.

At the end of trial, the Court relied principally on exhibits 1 and 2, 1st and 2nd accused persons' extra-judicial statements, and the evidence of PW1, PW2 and PW3, to convict and sentence the appellant to death on 31st March 2016.

The dismissal of appellant's appeal on 7th June 7 by the Court of Appeal, Sokoto Division, hereinafter referred to as the lower Court, informs the instant appeal.

Issues

Whether from the evaluated evidence the respondent proof (sic) its case against the appellant beyond reasonable doubt...

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