CASE TITLE: BALA v. STATE (2024) LPELR-63006(CA)
JUDGMENT DATE: 31ST OCTOBER, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: BIOBELE ABRAHAM GEORGEWILL, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on criminal law and procedure.
FACTS:
This is an appeal against the judgment of the High Court of Nasarawa State, Lafia Division.
By a Further Amended Charge, the Appellant was charged with a 5-count charge for the offences of Conspiracy, Theft, Abduction, and Armed Robbery. The Appellant was arrested around Millionaires Quarters, Lafia, Nasarawa State for the alleged offences with which he was subsequently charged before the trial Court. He was originally charged alongside one Sani Yakubu, who died during trial whilst in prison, necessitating the further amendment of the charge against the Appellant only. The Appellant pleaded not guilty to each of the five counts of charges against him. The trial Court delivered its judgment, in which it convicted the Appellant on all five counts with which he was charged by the Respondent and sentenced him to imprisonment for 5 years without the option of a fine and to death by hanging.
Dissatisfied, the appellant appealed.
ISSUES FOR DETERMINATION:
The Court adopted the issues formulated by the respondent viz:
1. Whether the Appellant successfully put up a defence of alibi to the charges brought against him?
2. Whether the Respondent has been able to establish the elements of the offences that warrant the conviction and sentence of the Appellant?
DECISION/HELD:
In conclusion, the Court allowed the appeal.
RATIOS:
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