A

It is immaterial whether the weapon used for the commission of armed robbery is fake or not. What is material is the feeling of fear that the victim had at seeing the “weapon”. It is the intention of the user, and the manner of its usage to threaten, and the feeling of being threatened by the victim, that make the weapon an “arm” and changes the offence from simple stealing to “armed robbery”.

The issues for determination in a brief of argument though necessarily based on the grounds of appeal are considered to have displaced the grounds of appeal. Hence, the argument in the brief follows the issues for determination and not the grounds of appeal directly. The issues may comprise the substance of the grounds of appeal or may contain less but cannot contain more than what have been alleged by the grounds of appeal.

An allocutus is not a defence for the accused person, neither is it necessary on a trial court to invoke it. Allocutus is not a right in law or a fundamental right under the Nigerian law of fair hearing. It is only desirable in consideration of factors that may influence the mitigation of heavy punishment to a lighter one. Thus, the failure of the trial court to avail the appellant such an opportunity is not sufficient ground to overturn the trial court’s decision. In this case, the failure of the trial court to call for allocutus does not vitiate the sentence passed on the appellant. [Edwin v. State (2019) 7NWLR (Pt. 1672) 553; Ogbeide v. C.O.P. (1964) 2All NLR 176; State v. Babangida (2013) 12 NWLR (Pt. 1754) 397; Oloyede v. State (2018) 8 NWLR (Pt.1621) 311 referred to.] (Pp. 542-543, paras. E-A).

Alibi” is a Latin word which means “elsewhere”. When an accused person raises the defence of alibi, he is telling the court that he was not at the scene of crime. In other words, that he was at a named place or location at the time the offence for which he is charged was committed and could not have been at the scene of crime at the time the offence was committed. (P. 375, paras. D-E).

The fundamental object (purpose) necessitating the enactment of the Administration of Criminal Justice Act, 2015, is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant, and the victim. Also, the courts, law enforcement agencies and other authorities or persons involved in the Criminal Justice Administration shall ensure compliance with the provisions of the Act for the realization of its purposes. (P. 470, paras. C-F).

C.O.P. V. ABDULLAHI (2024) 8 NWLR (PT. 1940) 227 SC

ON INGREDIENTS OF DEFENCE OF ACCIDENT AND WHEN WILL AVAIL ACCUSED PERSON

For the defence of accident to avail an accused person, he must establish that:-

(a)The act was by accident.

(b) There was no criminal intention or knowledge.

(c) The act was done in the course of doing a lawful act in a lawful manner by a lawful means and with proper care and caution.