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OSARO NOMAYO v. THE STATE

(2018) LPELR-44729(SC)

In The Supreme Court of Nigeria

On Friday, the 1st day of June, 2018

SC.169/2013


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

OSARO NOMAYO - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Armed Robbery.
FACTS:
This is an appeal against the judgment of the Court of Appeal, Benin Division.

On 9th March, 2004 at about 9.00pm, PW1 (Bola Akinsanya) was in her restaurant where she sold food. At the material time some of her customers and sales girls were with her. All of a sudden a vehicle stopped in front of her restaurant and three boys and a girl came out and entered her restaurant. PW1 saw a shot gun with one of the boys. The boy with the gun ordered those in the restaurant to lie down and they all obeyed. The robber with the gun, shot three times into the air. One of the robbers walked straight to PW1 and collected the sum of N19,520 from her. The robber also collected the sum of N540 from the sales girl called Kudirat.
Some of the customers were also robbed. The armed robbers later ran away.

The following day at about 6.00am PW1 went to visit and thank her neighbours who assisted her the previous night. On her way she heard shouts of "thief, thief'. She found out that the thief was caught. On getting to the scene, PW1 identified the thief with red cap and shirt he had on when she was robbed and she identified him as one of those who robbed her of her money the previous night.

The appellant was arrested and tried on five count charge of conspiracy and Armed Robbery. The Appellant was found not guilty in counts III to v of the charge as the prosecution did not lead evidence in proof of the counts but was however found guilty on counts 1 and II of the charge.

Aggrieved by the decision of the trial Court , the Appellant appealed to the Court of Appeal. However, the Court of Appeal affirmed the decision of the trial Court.

Further aggrieved, the Appellant appealed to the Supreme Court.

ISSUES:
The appeal was determined on the following issue:-

Whether the Court of Appeal was right in affirming the decision of the trial Court holding that the prosecution did prove the guilt of the appellant beyond reasonable doubt.


DECISION/HELD:
On the whole, the Supreme Court dismissed the appeal.


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