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(2018) LPELR-44048(CA)

In The Court of Appeal of Nigeria

On Friday, the 6th day of April, 2018


Before Their Lordships

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria


TUNDE SHEU - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on Criminal Law and Procedure.
This is an appeal against the Judgment of Honourable Justice M. A. Folayan of Kwara State High Court, Ilorin.

The case of the prosecution was that, on 05-03-2014, one Kamaldeen Shittu (PW3) was robbed by the Appellant and three others at about 22:00 hrs on entering the street of his house along Awolowo Road, Tanke Area, Ilorin. On the night in question, PW3 saw flashes of torch lights on him. At first, he took the flashes to be that of the Police on patrol but quickly realized that they were Armed Robbers when a gun was pointed at his head by one of the members of the robbery gang. He was slapped by another member of the gang who ordered him to release his car key which he promptly did. ???He was then dragged out of the car and they all drove away with the Kia Rio car along with its contents. He quickly alerted the Police patrol team who were just then passing by. Within one hour of the robbery incident, the robbers were apprehended at Sawmill Area with the robbed Kia  Rio car and its contents. Two live cartridges, one small axe and one locally made pistol were also recovered from the Appellant and his gang members by the Police upon their arrest at the Sawmill area, Ilorin.

The Appellant on the other hand denied having a gun or having committed robbery. He raised the defence of alibi at the trial and said on the day in question he finished his 2nd examination paper as a student of the College of Education near Sawmill, Ilorin at about 5:30 pm. That he wanted to go back for his handout from the class when he had a blackout. That he woke up and found himself at the General Hospital Oke-Oyi about 4-5 days later and learnt that he had a surgical operation where bullet was removed from his body.

???The Appellant was charged and tried with others for the offences of Criminal Conspiracy, being in unlawful possession of Firearms and Armed Robbery contrary to Section 97 of the Penal Code Law, Sections 3 (1) and 1 (2) of the Robbery and Firearms (Special Provision) Act Cap. R 11 Laws of Federation of Nigeria 2004. At the conclusion of the trial, appellant was convicted of the said offences. 
Dissatisfied, appellant appealed to the Court of Appeal.

The following issues were determined in the appeal:
"1. Whether given the facts and evidence upon which the trial Court convicted the Appellant, the prosecution has proved beyond reasonable doubt the offence of Criminal Conspiracy and Armed Robbery and being in possession of Firearms against the Appellant?
2. Whether the Lower Court was right to discountenance the defence of alibi raised by the Appellant in the peculiar circumstances of this case?"

In conclusion, the appeal was dismissed.

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