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VINCENT EZE v. THE STATE

(2019) LPELR-48773(CA)

In The Court of Appeal of Nigeria

On Friday, the 1st day of November, 2019

CA/IB/235C/2013


Before Their Lordships

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria

HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria

FOLASADE AYODEJI OJO Justice of The Court of Appeal of Nigeria


Between

VINCENT EZE - 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 Ogun State High Court, Ota.

Appellant, and one Christopher Dibia, were arraigned on a two counts charge of conspiracy to commit Armed Robbery and Armed Robbery. contrary to Section 6(b) and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R II Laws of the Federation of Nigeria 2004.

According to the prosecution, appellant and the other accused person, had invaded the house of one Sunday Uzor Ofuonye(PW1), at No. 2, Ishola Ola Jesu Street, Ishasi, Akuta, Ogun State, on the 8th day of December, 2006, at about 8.30 p.m., under the guise of needing the services of his wife, who was a caterer. They robbed PW1, his wife and mother in law, of valuables. The housemaid escaped and alerted the neighbors, who pursued the robbers and caught the appellant and one other person.

The Appellant and his co-accused person pleaded not guilty of the charge. The matter proceeded to trial, at the conclusion of which, appellant was found guilty and sentenced to 16 years imprisonment. Not pleased, appellant appealed to the Court of Appeal.

ISSUES:
Appellant formulated the following issues for determination:
"(1) Whether the trial Court rightly convicted the Appellant on a valid arraignment
(2) Whether the Prosecution proved the guilt of the Appellant beyond reasonable doubt in view of the fundamental irregularities in the Appellant's trial.
(3) Whether the trial Court was right to have convicted the Appellant solely on the Confessional Statements."
DECISION/HELD:
The Court of Appeal dismissed the appeal.


Read Full Judgment