Whether the Judicial Etc., Officers and Appeal By Prosecutors Act 1963 is an Existing/Relevant/Applicable Law in the Nigerian Legal System

CASE TITLE: C.O.P. v. ONU (2026) LPELR-83904(SC)

JUDGMENT DATE: 8TH MAY, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: TIJJANI ABUBAKAR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Offence of Armed Robbery.

FACTS:

This appeal is against the judgment of the Court of Appeal Abuja Division, delivered on the 24th day of November, 2022.

​The facts that led to this appeal are that the Respondent with two other persons, negotiated with PW1, who was driving a red Toyota Starlet, to transport them from the AYA bus stop in Asokoro, Abuja, to the Mpape bus stop. While on transit, they allegedly snatched the Toyota Starlet from PW1 while armed with a locally made pistol.

The Respondent, together with two other persons, were eventually arrested and charged before the High Court of the Federal Capital Territory for the offence of conspiracy and armed robbery contrary to and punishable under Section 1 (2) (a) of the Robbery and Firearms (special Provisions) Act Cap R.11.

At the trial, the Prosecution called four (4) witnesses, including two (2) eyewitnesses. The prosecution also tendered several exhibits. At the end of the trial, the Respondent and his co-accused persons were found guilty of conspiracy and armed robbery; he was therefore convicted and sentenced to death by hanging.

Dissatisfied with the decision the Respondent appealed to the Court of Appeal, who allowed the appeal. The Appellant was dissatisfied, he therefore filed this appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the following issues:

1. Whether the finding of the lower Court that it was mandatorily necessary for the trial Court to have conducted trial within trial before admitting and placing reliance on the Respondent’s extra-judicial statement (exhibit C), was not perverse and a gross miscarriage of justice in the circumstances of this case.

2. Whether the lower Court was right or had legal justification in setting aside the conviction and sentence of the Respondent by the trial Court, given the evidence adduced by the prosecution in proof of the offence charged, aside the Respondent’s extra judicial confessional statement (exhibit C).

DECISION/HELD:

The appeal was allowed, and the judgment of the trial Court restored.

RATIOS:         

• APPEAL- DETERMINATION OF APPEAL: Powers of the Court of Appeal in the determination of criminal appeals
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ROBBERY/ARMED ROBBERY: Ingredients of the offence of robbery/armed robbery
• EVIDENCE- CONFESSIONAL STATEMENT: Whether a court can convict solely on the confessional statement of an accused person
• EVIDENCE- EVIDENCE OF AN EYE WITNESS: Status of the evidence of an eye witness
• LEGISLATION- REPEALED LEGISLATION: Whether the Judicial etc., Officers and Appeal by Prosecutors Act 1963 is an existing/relevant/applicable law in the Nigerian legal system

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