Effect of prosecution’s failure to establish identity of an accused person

 
Tue Jan 14th, 2020 - Lagos
 

RASAQ OGEDENGE v. THE PEOPLE OF LAGOS STATE
(2019) LPELR-48850(CA)

In the Court of Appeal
In the Lagos Judicial Division
Holden at Lagos
On Friday, 22nd November, 2019
Suit No: CA/L/100C/2017
Before Their Lordships:
TOM SHAIBU YAKUBU, JCA
UGOCHUKWU ANTHONY OGAKWU, JCA
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA

Between
RASAQ OGEDENGE -Appellant(s)
And

THE PEOPLE OF LAGOS STATE -Respondent(s)

LEAD JUDGMENT DELIVERED BY ABIMBOLA OSARUGUE OBASEKI–ADEJUMO, J.C.A.
FACTS OF THE CASE
This appeal is against the judgment of the Lagos State High Court delivered by Coram O. A. Akinlade, J. on 5th of January, 2016, wherein the Appellant was convicted for offences of conspiracy to commit armed robbery and armed robbery and was thereby sentenced to death. The Appellant, dissatisfied with the decision, appealed to the Court of Appeal.

ISSUES FOR DETERMINATION
The appellant formulated the following issues for determination:
1. Whether from the facts and circumstances of this case, the lower Court was right in holding that there was armed robbery in the house of PW2 on 27th February, 2011 and that the Appellant was one the robbers.
2. Whether from the facts and circumstances of this case, the learned trial judge denied the Appellants his constitutional right of fair hearing.
3. Whether from the facts and circumstances of this case, the Respondents proved their case beyond reasonable doubt by legally credible and admissible evidence.

The Respondent formulated the following issues:
1. Whether from the facts and circumstances of this case, the learned trial judge was right in holding that there was an armed robbery in the house of PW1 on 27th February 2011 and that the appellant was one of the robbers.
2. Whether from the facts and circumstances of this case, the learned trial judge denied the appellant his constitution right to fair hearing.
3. Whether the trial Court was right to have held that the prosecution had proved its case beyond reasonable doubt.

 
 

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source: Guardian