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CaseLaw

Uche V. The State (2015) CLR 5(k) (SC)

Judgement delivered on May 15th 2015

Brief

  • Armed robbery
  • Burden of proof
  • Defence of Alibi
  • Evidence of witnesses
  • Concurrent findings of facts

Facts

The appellant was alleged to have robbed one Ndubusi Bayem and Awele Bayem at gun point of the sum of N9, 000 and a Nokia Phone at their shop. Upon arraignment on the charges of conspiracy to commit armed robbery, armed robbery and illegal possession of firearm, the prosecution alleged that a gun and 4 cartridges were found on the appellant upon arrest.

The appellant however did not call any witness as he testified on his own behalf and raised the defence of alibi.

The learned trial judge convicted and sentenced the appellant to death.

Upon appeal to the Court of Appeal, the appellant’s appeal was dismissed as found unmeritorious and affirmed the judgment of the trial court.

Dissatisfied, the appellant appealed to the Supreme Court.

Issues

Whether the lower court was wrong in affirming the judgment of the trial court...

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