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VICTOR ESSIEN VICTOR V. THE STATE

(2013) JELR 35879 (SC)

Supreme Court  •  SC.351/2009  •  14 Jun 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Appearances
Chief Oroki I. Ironbar For Appellant Essien E. Udom For Respondent

Judgement
<p>M. S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): The Appellant and three other persons were arraigned before the High court of Justice, Akwa-Ibom on three (3) count charge of armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions), Cap 398 Vol. 22 Laws of the Federation. At the hearing the prosecution called four (4) witnesses.</p><p> Pw1 was one Shedrak Sam. He knew the 1st and 2nd accused persons. On the 22nd day of June, 2001 while he was sleeping he heard a bang on his door, which made him to wake up and put on the light. The time then was 2.30am. He stated that he saw two men and upon demand he gave them N3,500.00. They demanded for more money and he refused. One of them ransacked the room and discovered where he kept some money. It was the 2nd accused person who took the money and handed it over to the 1st accused.</p><p> They also took away his luggage bag, radio and adaptor. He recognised the 1st accused very well as he was living very …</p>

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