WHETHER JUDGMENT CAN BE DELIVERED ON A WEEKEND/PUBLIC HOLIDAY

CASE TITLE: UHARA v. STATE (2021) LPELR-55512(CA)

JUDGMENT DATE: 10TH SEPTEMBER, 2021

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the Offence of Armed Robbery.

FACTS

This appeal is against the judgment of the High Court of Enugu State in Suit No. HOR/9C/2014, delivered on 15/6/2019 by Hon. Justice A.A. Nwobodo.

The Appellant, as the Accused person, was charged with offence of “Armed Robbery, contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provision) Act, Cap 11 Laws of the Federation of Nigeria, 2004”; that Appellant (and others at large) on or about the 12th day of November 2012, at Agu Achi in the Oji-River Judicial Division, within the jurisdiction, while armed with a gun, robbed one Ogochukwu Maduka of his Carter Motorcycle, without registration number, valued at N103,000 (One Hundred and Three Thousand Naira) only.

The Appellant was arraigned, and he pleaded not guilty to the charge. After hearing the case and considering the evidence and addresses of Counsel, the trial Court found the Appellant guilty and sentenced him to death by hanging.

Dissatisfied, the Appellant filed a Notice of Appeal.

ISSUES FOR DETERMINATION

The Court of Appeal determined the appeal on a sole issue as follows:

“Whether the trial Court was right to hold that the offence of armed robbery was established against Appellant in this case, and that Appellant was properly identified as the person who robbed the PW2 of the motorcycle.”

DECISION/HELD

On the whole, the appeal was dismissed for lacking in merit and the judgment of the trial Court was upheld.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE: Circumstances where an identification parade will not be necessaryCRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY: Ingredients required to be proved by the prosecution to establish the offence of armed robbery; ways of proving the offence of armed robberyEVIDENCE – CONFESSIONAL STATEMENT: The position of the law on a retracted confessional statementJUDGMENT AND ORDER – DELIVERY OF JUDGMENT: Whether a judgment delivered on a weekend/public holiday is valid