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FRIDAY AMEH v. THE STATE

(2018) LPELR-44463(SC)

In The Supreme Court of Nigeria

On Friday, the 11th day of May, 2018

SC.500/2015


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

FRIDAY AMEH - 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 the Court of Appeal, Abuja, affirming the decision of the Kogi State High Court, sitting at Ankpa.

It was the case of the prosecution that the accused person and others broke into the apartment of one Mrs. Elizabeth Wada, PW1, on 3rd August, 2012 at about 2.00 a.m and inflicted injuries on her head, neck, arm and leg and robbed her of the sum of Thirty Thousand Naira. PW1 identified the appellant as her nephew and the other accused person as his friend. PW2 is the Police Officer at Ankpa when the case of armed robbery was lodged. He took pictures of the victim while she was at the hospital and later arrested the accused persons including the appellant on a tip off. PW3 received the case from Ankpa to the State C.I.D at Lokoja and he also obtained the confessional statement of the accused person.

The appellant and others were charged with criminal conspiracy, voluntarily causing hurt to extort property and Armed Robbery under Sections 97(1), 298 (c) 250 (2) of the Penal Code respectively. The Appellant, who testified as DW1, told the trial Court that before his detention, he was living at Inye and that he is both an applicant and a farmer. He stated further that he did not know the other accused person until after his arrest on the 11th of August, 2012, when he was informed that he and others robbed Mrs. Elizabeth Wada on the 3rd of August 2012. According to him, on the date of the said robbery, he was away at Mubi in Adamawa State and only returned to Inye on the 6th of August, 2012. He stated under cross examination that a document was brought to him at the State C.I.D. Lokoja and he was asked to sign it. He stated that he did not get to read the document and that he knew Mrs. Elizabeth Wada and even visited her at the hospital.
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At the close of evidence, counsel for both parties filed and exchanged written addresses. In a considered judgment, the learned trial judge convicted the accused persons for the three offences charged and sentence them to 5 years imprisonment for the offence of conspiracy, 7 years imprisonment for the offence of voluntarily causing hurt to extort property and 15 years imprisonment for the offence of armed robbery. Appellant's appeal to the Court of Appeal was unsuccessful, hence, he appealed to the Supreme Court.

ISSUES:
The issues for determination in the appeal are:
1. Whether the learned Justices of the Court of Appeal were legally right in holding that no miscarriage of justice was occasioned by the charge drafted and signed by two different officers of the chambers of the Attorney General of Kogi State.
2. Whether the learned Justices of the Court of Appeal were legally right to hold that Exhibit P2 satisfied the necessary legal requirement for ascription of probative value.
3. Whether the learned Justices of the Court of Appeal were legally right in holding that the prosecution had proved its case against the appellant beyond reasonable doubt.
4. Whether the learned Justices of the Court of Appeal were legally right in holding that the non tendering of the weapons of offence and medical evidence was not prejudicial to the case of the prosecution.

DECISION/HELD:
In conclusion, the appeal was dismissed.


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