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CaseLaw

Udoh Vs. State (1993) CLR 4(j) (CA)

Judgement delivered on April 1st 1993

Brief

  • Brief writing
  • Raising suo motu
  • Conviction for lesser offence than that charged
  • Proof of crime
  • S.149(a) Evidence Act
  • Recent possession
  • Suspicion

Facts

The two appellants were charged on a three count information for robbery punishable under s. 1(2) (a) of the Robbery and Firearms (Special Provisions) Act 1970. The particulars of the charge in count 2 are that on or about the 17th day of September, 1979 at Ladipo Street, Apapa in Lagos Judicial Division being in company of other persons unknown and armed with offensive weapons to wit: matchets., robbed Surji Singh Rikhy of a Volvo Saloon car with "Registration No. LA 3350 KB, one wrist watch valued N50 and one wallet containing the sum of N125." Five witnesses testified for the prosecution while each of the appellants testified on his behalf. At the H conclusion of the hearing, the learned trial Judge acquitted and discharged the appellants on counts 1 and 3 but found them guilty on count 2 and sentenced them to death. It is against that conviction that this appeal has come to this court.

Issues

  • 1
    Whether the flight from arrest by the 1st appellant is probative of his...
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