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CaseLaw

Uchechi V. The State (2018) CLR 3(g)(SC)

Judgement delivered on March 2, 2018

Brief

  • Witness
  • Armed robbery
  • Conspiracy
  • Proof beyond reasonable doubt
  • Burden and standard of proof of
  • Criminal conspiracy
  • Section 5 (now Section 6) Robbery and Firearms (Special Provisions) Act 2004
  • Section 36(5) of the 1999 Constitution
  • Section 1 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 2 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 3 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 4 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 6 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 1990
  • Section 5(b) of the Robbery and Firearms (Special Provisions) Act 1990

Facts

The Appellant herein along with two other accused persons were arraigned before the Imo State High Court, on the 16th February, 2005 on a two counts charge of conspiracy to commit armed robbery and armed robbery under Sections 5(b) & 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 1990.

In order to prove its case, the prosecution called two witnesses and tendered in evidence the following documents:

  • 1
    The previous evidence of PW1 when she testified as PW2 before another judge in the same case.
  • 2
    The extra-judicial statement of PW1 to the police.
  • 3
    The 1st statement of the Appellant who was the 1st accused at the trial court.
  • 4
    The 3rd statement of the Appellant to the police.
  • 5
    The statement of the brother of the Appellant.

These documents were admitted in evidence and marked Exhibits 1,2,3,6, and ID 1 respectively.

The Appellant called his brother, one Augustine Orisa as defence witness (DW1) and he also testified in his defence as DW2. IDI was now tendered through DW1 during cross examination and same was admitted and marked Exhibit 7. At the close of the parties respective cases learned counsel for both parties addressed the court. In a reserved and considered judgment which was delivered on the 14th day of March 2013, Opara J. found the Appellant and his co-accused guilty of the offence of armed robbery and sentenced each of them to death by hanging.

The Appellant is dissatisfied with the judgment of the trial court. Being aggrieved, he appealed to the Court of Appeal (lower court). In a unanimous judgment of the lower court, delivered on the 13th March 2015, the Appellant's appeal was dismissed. The instant appeal is against the decision of the lower court.

Issues

Whether the prosecution proved its case beyond reasonable doubt as to warrant,...

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