DOMINIC OKOLO & ORS V. THE STATE

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The two appellants in this case and two others were tried before the Lagos Assizes on an information which reads as follows:

STATEMENT OF OFFENCE

Robbery with violence contrary to section 401 and punishable under section 402 of the Criminal Code.

PARTICUURS OF OFFENCE

Dominic Okolo (m), Festus Harris (m), Bassey Equere (m) and Sunday John Nwasoro (m) on or about the 1st day of April, 1970 at Surulere in the Lagos Judicial Division, being armed with a dangerous weapon, namely a gun robbed Sherifatu Abina (f) of the sum of N31,000 and gold trinkets all to the total value of N3,120 property of the said Sherifatu Abina and at the time of the robbery did use personal violence to the said Sherifatu Abina (f).

They were convicted by Adefarasin J. and each was sentenced to a term of 40 years imprisonment with hard labour. Against this conviction, this appeal has been brought.

The two appellants presented their arguments in person. The s…