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OKOCHUKWU IFALACHO v. THE STATE

(2019) LPELR-47135(CA)

In The Court of Appeal of Nigeria

On Friday, the 5th day of April, 2019

CA/YL/136C/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

OKOCHUKWU IFALACHO - 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 of Taraba State High Court, sitting in Jalingo delivered on the 8th day of October, 2015 by Ali I. Andenyangtso J.
In proof of its case, the prosecution called 15 witnesses and tendered 16 exhibits. The Appellant testified for his defence and did not call any witness. 
At the end of the trial, the Appellant was convicted for the offences of Criminal Conspiracy contrary to Section 6 (b) of the Robbery and Fire Arms (Special Provisions) Act 2004; and Armed Robbery punishable under Section 12 (2) (A) and (B) of the same Act. 

The Appellant dissatisfied with the conviction appealed against same 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 under which confessional statements are subjected to; and whether the lower Court was right in relying on same."

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


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