CHINEDU OKUDO V. THE STATE

AYOBODE OLUJIMI LOKULO SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 22/1/2003 by Honourable Justice B.C. Nosike of the High Court of Justice, Enugu State in Charge No. E/14ART/98. The learned trial Judge in the judgment found the Appellant guilty of the offence of armed robbery and sentenced him to death by hanging.

The facts of the case as presented by the prosecution (hereinafter, simply referred to as "the Respondent") are that at about 9 p.m. on 11/12/1995, some men armed with guns invaded and raided one Jide Supermarket situated at 38A, Nanka Street, New Haven, Enugu. The armed men robbed the Supermarket of some bottles of perfumes, tins of power steering oil or fluid, some knock-out fireworks and about N12,000.00. The Appellant was apprehended at the scene and later handed over to the police when they arrived at the scene of the incident. The Appellant made a confessional statement to the police in the course of their inve…