CaseLaw
Ukpamazi V. State (2020) CLR 4(e) (SC)
Judgement delivered on April 3rd 2020
Brief
Facts
The Court of Appeal, sitting at Enugu, hereinafter referred to as the court below, on the 13th day of December 2016 affirmed the conviction of the appellant by the Ebonyi State High Court, the trial court, of the offence of armed robbery contrary to section 1(2)(b) of the Robbery and Firearms Act, Cap. RII Vol. 14, Laws of the Federation 2004. The trial court’s judgment was delivered on the 26th day November 2012.
The brief facts of the case that brought about the appeal are that the appellant and others: Paul Epete, Chukwudi Nwodom and Simeon Nwodom, were charged before the Ebonyi State High Court at Abakaliki for armed robbery contrary to section 1 (a)(b) of the Robbery and Firearms Act. They were alleged to have robbed one late Epete Egbedike on or about the 20th day of February 2008, at Ogbutoraoku village, Ishieke, in the Abakaliki Judicial Division, a Yamaha C Y motorcycle valued at forty -five thousand naira (N45,000.00k) and a Samba Generating Machine set valued at fourteen thousand naira (N14, 000.00k).
To prove its case against the accused persons, the prosecution called four witnesses and tendered exhibits A, B, C, D1, D2, D3, E, F, F1 and G. Same were admitted in evidence. Exhibits F and F1are appellant’s confessional statements admitted in evidence after a trial within a trial.
The 1st to 3rd accused persons gave evidence in their own defence. The appellant was DW2. The 4th accused person, Simeon Nwodom, had died before the commencement of trial and his name was struck out from the charge.
At the end of trial including address of counsel, the trial court convicted the appellant and the other accused persons as charged and sentenced all to death.
The dismissal of his appeal at the court below informs appellant’s instant appeal to this court.
Issues
Whether the prosecution proved its case beyond reasonable doubt...