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SAMPSON EBENEHI & OMEHI WADA V. THE STATE

(2009) JELR 52740 (SC)

Supreme Court  •  SC.220/2008  •  6 Mar 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC (Presided) GEORGE ADESOLA OGUNTADE JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC JAMES OGENYI OGEBE JSC (Read the Lead Judgment)

Judgement

J.O. OGEBE, JSC (DELIVERING THE LEADING JUDGMENT): The High Court of Justice Anyigba in Kogi State tried the two appellants for the offences of conspiracy, mischief and robbery under the relevant sections of the penal code and convicted them on the 4th of June, 2004. They were sentenced to various terms of imprisonment and fines. They were dissatisfied with the judgment of the trial court and appealed to the Court of Appeal Abuja division and their appeals were dismissed. This is a further appeal to the Supreme Court.

The learned counsel for the 1st appellant filed a brief on his behalf and distilled two issues for determination as follows:

"1. Can it be said that from the evidence on record there are sufficient circumstantial evidence to pin the 1st appellant to the incident and the scene of crime.

2. Was the defence of alibi raised by the 1st appellant properly considered?"

The learned Attorney-General of Kogi State filed a brief on behalf of the respondent in answer to the 1st appella…

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