INNOCENT IGWE V. THE STATE
In The Supreme Court of Nigeria
On Thursday, the 30th day of September, 1982
SC.60/1981
RATIO
ON CONCURRENT FINDINGS
There have been two concurrent findings of fact against the appellant and I have seen no reason why the decision of the trial court or the Federal Court of Appeal should be interfered with. PER ESO J.S.C.
JUSTICES
AYO G. IRIKEFE Justice of The Supreme Court of Nigeria
MOHAMMED BELLO Justice of The Supreme Court of Nigeria
KAYODE ESO Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
MUHAMMED L. UWAIS Justice of The Supreme Court of Nigeria
Between
INNOCENT IGWE Appellant(s)
AND
THE STATE Respondent(s)
- G. IRIKEFE, JSC. (Delivering the Leading Judgment): In this case there are two concurrent findings of fact against the appellant. There was evidence before the trial court that this appellant along with others at large, took part in the robbery the subject of the charge. He was unmasked and the evidence of identity produced by the prosecution was accepted by the learned trial Judge. His complaint on the ground of identity to the Court of Appeal was rejected.
I find no merit in this appeal and I would also dismiss it. The conviction and sentence passed on this appellant by the trial court on 29th April, 1980, which was affirmed by the Court of Appeal on 14th April, 1981, are hereby re-affirmed. - M. BELLO, JSC.: The appellant was convicted of armed robbery and sentenced to death. A gang of robbers armed with fire-arms attacked the premises of the prosecution witnesses and robbed them. Three prosecution witnesses who had known the appellant identified him as being among the robbers. His defence was alibi. The trial Judge believed the prosecution witnesses and rejected the defence. The Court of Appeal confirmed the conviction.
I have carefully perused the record. I am satisfied the appeal has no merit. I agree it should be dismissed. Conviction and sentence are hereby re-affirmed.K. ESO, JSC.: I agree there is no merit in this appeal. There have been two concurrent findings of fact against the appellant and I have seen no reason why the decision of the trial court or the Federal Court of Appeal should be interfered with.
This appeal is accordingly dismissed.
A. NNAMANI, JSC.: The appellant was convicted of armed robbery and sentenced to death. This conviction and sentence were affirmed by the Federal Court of Appeal in a unanimous judgment which meticulously examined all the defences. The case against the appellant was that 3 prosecution witnesses who were victims of the robbery saw and identified him as one of those who robbed them on that fateful night. The appellant lived at 10 Egede Street, Port Harcourt, while the robbery took place at 13 Egede Street. The main defence of the appellant was an alibi which he set up i.e. that he slept in his store that night. I am also satisfied that both the learned trial Judge and the learned Justices of the Federal Court of Appeal correctly approached the issues relating to this plea. The appellant ought to have given more particulars of his alibi. I see no reasons to upset the findings of the lower court and I hold, therefore, that the appeal lacks substance. I would also dismiss it and it is hereby dismissed. The conviction and sentence are hereby re-affirmed.
M. L. UWAIS JSC.: I agree that there is no merit in this appeal. The evidence adduced against the appellant by the eye-witnesses was overwhelming. His defence of alibi which was rejected by the learned trial Judge was rightly rejected also by the Federal Court of Appeal. In the circumstances the appeal fails and it is hereby dismissed. The decision of the Federal Court of Appeal affirming the appellant’s conviction and sentence is confirmed.
Appearances
Parties absent not represented. For Appellant
AND
Parties absent not represented. For Respondent
