“It is a general rule that this Court does not make it a habit of disturbing the concurrent findings of two lower Courts, unless shown to be perverse, unsupported by admissible evidence or has occasioned a miscarriage of justice, Kale v Coker 12 SC 252; Mbang v The State (2013) 7 NWLR (pt. 1352) 48; Woluchem v Gudi (1981) 5 SC 291, 326; Ike v Ugboaja (1993) 6 NWLR (pt. 301) 569. In the instant case, I have not been able to locate any of these vices.” Per CHIMA CENTUS NWEZE, JSC in AKINKUNMI v. STATE (2022-LCER-46533-SC) (Pp 13 – 13 Paras A – B)
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Facts
FACTS:
The appellant, who was the second accused person at the Abeokuta Judicial Division of the High Court of Ogun State, was arraigned alongside three other accused persons, on a four-count charge of Conspiracy to commit Armed Robbery, Armed Robbery and Attempted Armed Robbery contrary to Sections 6 (b), 1 (2)(a) and 2 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria, 2004.
At the trial, the appellant pleaded not guilty to all charges. The Prosecution called eight (8) witnesses and tendered exhibits in proof of their case. In their defence, the appellant and his co-accused persons testified for themselves and their Counsel addressed the Court. The trial Court, in its judgment delivered on the 19th day of October, 2015, convicted and sentenced the appellant to death by hanging. Dissatisfied with the judgment of the trial Court, the appellant appealed to the Court of Appeal. By a judgment delivered on the 6th day of December, 2019, the Court of Appeal affirmed the decision of the trial Court and dismissed the appeal hence this further appeal to the Apex Court.
Issues
The appeal was determined on the following issues:
1. Whether the lower Court was right in affirming the trial Court’s acceptance of and reliance on the appellant’s confessional statements; and
2. Whether the lower Court was right in affirming the trial Court’s conviction and sentence of the appellant.
Lead Judge(ment)
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment)
Held
The appeal was unanimously dismissed. The concurrent conviction and sentence of the appellant were further affirmed.
Alternate Citations
(2022) LPELR-57285(SC)
Read Full Judgment
Counsel:
YEMI A. ADESINA, ESQ.
For Appellant(s)
Absent
For Respondent

For Appellant(s)

For Respondent(s)
Counsel’s Photograph(s) Needed.