CaseLaw
Ugboji V. State (2017) CLR 12© (SC)
Judgement delivered on December 8th 2017
Brief
Facts
The facts of the case, as could be gathered, from the printed record are that the present appellant and five others were charged before the trial High Court sitting in Otukpo and tried on five counts of conspiracy to commit series of robberies and armed robbery. At the trial, the prosecution called four witnesses to prove its case against the appellant and other five co-accused persons. After the close of the prosecution case, the defence made a No case Submission. The trial Court in its considered ruling on the No case Submission, ruled in favour of three accused persons. The trial Court discharged the appellant on the first count of conspiracy to commit armed robbery. The appellant was thereby called upon to enter his defence on the second count of armed robbery as well as another co-accused named Mathias Garuba Idoko and one other. The trial Court ruled that the appellant and two other co-accused had a case to answer, as prima facie case was made against them on counts 4 and 5. After the conclusion of the trial the appellant was found guilty, convicted and sentenced to death.
Piqued by the decision of the trial Court, the appellant herein, appealed to the Court of Appeal, Makurdi Division (the lower/Court below), as his appeal was dismissed by the lower Court. Still dissatisfied, the appellant appealed to this Court.