Emmanuel Eke V. The State LRLR VOL 5 PART 54 2011
EMMANUEL EKE V. THE STATE
LRLR
VOL 5 PART 54 2011
RATIO
- MAHMUD MOHAMMED JSC
- JOHN AFOLABI FABIYI JSC
- OLUFUNLOLA OYELOLA ADEKEYE JSC
- SULEIMAN GALADIMA JSC
- BODE RHODES-VIVOUR JSC
FACTS
The appellant was
arraigned before the court on a charge that the appellant and one other on or
about the 10th day of February, 1995 at Kurmin Iya Village, Kaduna State,
committed armed robbery to wit robbed one Mrs. Talatu Silas and Felicia Moses
of about the sum of Five Thousand, Nine Hundred and Seventy Naira (N 5,970) at
gun point (i.e. by pointing gun at them) and thereby committed an offence of
armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms
(Special Provisions) Act CAP 398, Laws of the Federation of Nigeria 1990 and
triable by the Robbery and Firearms Tribunal of Kaduna State.
The appellant pleaded not
guilty to the above charge read to him on 27th June, 1996. To prove its case,
the prosecution called five witnesses and tendered five exhibits. The appellant
thereafter testified in his defense in a bid to extricate himself. In its
judgment handed out on 24th October, 1997, the Tribunal convicted the appellant
for the offence of robbery simpliciter instead of the offence of armed robbery
for which he was arraigned and sentenced him to twenty-one (21) years
imprisonment. The appellant appealed to the court above which dismissed the
appeal and affirmed the judgment of the Tribunal on 15th December,
2009. In the exercise of his constitutional right, the appellant has further
appealed to this court.
The supreme court held that the appeal lacks merit and hereby dismissed the case of the appellant.
PRINCIPLES DECIDED IN THE CASE
- Whether the Court of Appeal was right in affirming the decision of the trial court having regard to the totality of evidence adduced before the tribunal.
- Whether the Court of Appeal was wrong in its decision that the failure by the trial court to conduct a trial within trial before admissibility of the confessional statement did not occasion a miscarriage of Justice.
- Whether the procedure of trial within trial on the issue of voluntariness before the admissibility of a confessional statement is unconstitutional and unobtainable in the absence of jury system of trial and should be abolished.
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