PRINCIPLE OF NON EST FACTUM – APPLICABILITY OF THE PRINCIPLE OF NON EST FACTUM
Legalpedia Electronic Citation: (2020) Legalpedia (CA) 65118
Summary Of Fact:
The Appellant and the 3 other accused persons and other still at large; were alleged to have robbed one John Nwokeocha and his passengers of one Mercedes Benz 911 Lorry with Registration No. AE 281 and money totalling N260,715.00 while armed with firearms at Mgbee along Orlu Urualla-Akaokwa Road in Orlu Judicial Division. The Appellant and the other 3 were charged with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of Federation of Nigeria, 1990.
The charge was read over to the accused persons including the Appellant and each of them pleaded not guilty thereto.
The prosecution called 6 witnesses in the proof of its case against the Appellant and the other accused persons.
The Appellant and each of the other accused persons, testified in their own behalf, and called no other witness. While the 1st accused person confessed to the crime, the other accused persons (Appellant inclusive) in their evidence denied the charge.
At the end of the trial, the Lower Court found the prosecution to have proved its case against the Appellant and 2 of the other accused persons beyond reasonable doubt and they were subsequently convicted and sentenced to death, except for the 4th accused person who was acquitted and discharged.
The Appellant has filed this appeal against his conviction and sentence, pursuant to the leave of this Court, extending the time within which the Appellant, is to appeal.
The Respondent though not represented, had earlier filed a brief of argument in the appeal, and it was deemed as having been duly argued by the Respondent.