ZEKERI ABUDU V. THE STATE

D. O. COKER, J.S.C. (Delivering the Leading Judgment): On the 25th day of October 1984, the appeal of Zekeri Abudu, was allowed and I promised to give my reasons today, I now do so.

The appellant, as the 1st accused, was charged along with one Aliyu Sumaila before the High Court of Bendel State, sitting at Auchi, with the offence of armed robbery, punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970. At the end of the trial during which the two accused persons gave evidence and called witnesses the appellant alone was found guilty of the offence, while the other co-accused person, was discharged and acquitted. His appeal to the Court of Appeal, was dismissed by a majority decision delivered by Ikwechegh, J.C.A. (Okagbue, J.C.A. agreeing), while Omo Eboh, J.C.A. dissented.

He has further appealed to this court. The substance of the appeal lies on the issue of his identification by the star witness, 1st P.W. Cecilia Aighasubho, who tes…