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Pius v. State

GODWIN PIUS

V

THE STATE

COURT OF APPEAL

( AKURE DIVISION )

KUDIRAT M. O. KEKERE-EKUN JCA ( Presiding )

CHINWE EUGENIA IYIZOBA JCA

MOORE A. A. ADUMEIN JCA ( Read the Lead Judgment )

CA/B/290C1/2008

THURSDAY, 28 JUNE, 2012

CRIMINAL LAW AND PROCEDURE - Armed robbery - Ingredients which must be proved therein

CRIMINAL LAW AND PROCEDURE - Confession by accused -

Conviction based therein - When can be upheld

CRIMINAL LAW AND PROCEDURE -  Confessional statement - Veracity thereof - Duty of trial court to test.

CRIMINAL LAW AND PROCEDURE  - Conspiracy - Offence of - When said to be committed

CRIMINAL LAW AND PROCEDURE - Identification parade - When unnecessary

CRIMINAL LAW AND PROCEDURE - Proofs of evidence - When may be employed for purpose of contradicting a witness

EVIDENCE - Proofs of evidence - Meaning, Nature and purpose thereof WORDS AND PHRASES - ‘Contradiction’ - Meaning of

Issues:

  1. Whether the identification evidence of PW1 at trial was not wrongly admitted by the learned trial judge, being in sharp contrast with the totality of evidence adduced at trial, especially the defence put up by appellant at trial.
  2. Whether the learned trial judge did not attach undue weight on exhibit P5, contrary to the overwhelming evidence before the court.
  3. Whether the prosecution proved its case beyond reasonable doubt as required by law.

Facts:

The appellant and one other person were arraigned before the High Court of Ondo State, Akure on the charge of conspiracy, contrary to and punishable under section 5(b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990; and armed robbery, contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990.

The two accused persons were found guilty as charged and each sentenced to death by hanging.

Dissatisfied, the appellant appealed to the Court of Appeal