LawPavilion Online


Back

EZEKIEL UKACHI v. THE STATE

(2019) LPELR-47136(CA)

In The Court of Appeal of Nigeria

On Friday, the 5th day of April, 2019

CA/YL/135C/2017


Before Their Lordships

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria

ABDULLAHI MAHMUD BAYERO Justice of The Court of Appeal of Nigeria


Between

EZEKIEL UKACHI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an Appeal against the Judgment delivered by the High Court of Justice, sitting in Jalingo Taraba State of Nigeria on the 8th Day of October, 2015.

The Appellant as an accused person before the High Court was arraigned before the Court on a two count charge of Criminal Conspiracy and Armed Robbery contrary to Sections 6 (b) and 12 (2) (a) of the Robbery and FireArms (Special Provisions) Act 2004. In proof of its case, the prosecution called 15 witnesses and tendered 9 exhibits. The Appellant testified for his defence.
???The learned trial judge found the Appellant guilty for the offences and sentenced him to 10 years imprisonment for the offence of Criminal Conspiracy and death by hanging for the offence of Armed Robbery.

Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this issue couched as follows:
"Whether the confessional statement of the Appellant satisfies the test for a valid confessional statement upon which the trial Court relied on in convicting the Appellant."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


Read Full Judgment