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(2018) LPELR-44694(SC)

In The Supreme Court of Nigeria

On Friday, the 1st day of June, 2018


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


ISRAEL AMOS - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on the offences of culpable homicide punishable with death and armed robbery.
This appeal arose to challenge the decision of the Court of Appeal, Ilorin Division, which affirmed the decision of the Kwara State High Court.

On or about 4th February 2011, the Appellant, a member of the Moore Village Vigilante Group in Baruten Local Government Area of Kwara State, took a ride on the Bajaj Motorcycle of one Mohammed Danlami [deceased]. The Appellant had access to the deceased motorcycle, having earlier killed him before taking his motorcycle, which he (Appellant) rode to Yunusa Jimoh (PW.3) at his Gwaria Village in Kaiama Local Government Area of Kwara State. The Appellant had requested the PW.3 to keep the motorcycle for him on the pretext that same belonged to his friend who had traveled to the northern part of the country. Members of the Okada Riders Association reported their missing colleague to the Police. A search party was deployed and the decomposing body of the deceased was recovered in the bush, with wounds. A medical practitioner was called to conduct a postmortem examination on the deceased and a report of the exercise was filed.

The Appellant was charged with two-count offences of culpable homicide punishable with death under Section 221 of the Penal Code and Armed Robbery pursuant to Section 2 (1) of the Robbery and Firearms (Special Provisions) Act, ???Cap. R11, Laws of the Federation of Nigeria, 2004.

At the trial Court, the PW.6 stated that he saw both the deceased and the Appellant riding on the motorcycle. The PW.3 also testified that, four days after the motorcycle was brought to him by the Appellant, he discovered that the motorcycle belonged to the deceased, contrary to the information the Appellant gave him. On his arrest by the Police, the Appellant confessed to the murder of the deceased, in order to steal his motorcycle.

The Appellant testified for himself and called two (2) other witnesses to testify on his behalf. At the close of the trial, the learned trial Judge found the Appellant guilty. He was convicted and sentenced accordingly. The decision of the trial Court was affirmed by the Court of Appeal, appellant having appealed it. Appellant appealed to the Supreme Court.

The issue for determination in the appeal is:
"Whether the Court below was right in relying Exhibit 'B' to adjudge that the Prosecution has proved its case beyond reasonable doubt in affirming the conviction of the Appellant for the offence of culpable homicide punishable with death and armed robbery."

In conclusion, the appeal was dismissed.

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