CRIMINAL LAW — Armed Robbery — Deterrence and Judicial Detachment
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 12; Paras D—E:
"No matter how rampant, reprehensible armed robbery is in the society, Judges who sit to hear such cases should strive to be detached and seek justice with an open mind. They are to ensure that a person accused of armed robbery is given every opportunity to defend himself, and so before convicting on a retracted confessional statement such a statement must be subjected to detailed scrutiny."
Explanation / Scope
This principle establishes that judges hearing armed robbery cases must remain detached and open-minded, ensuring the accused is given every opportunity to defend himself, and retracted confessions must be scrutinized in detail. The principle applies in armed robbery trials. It ensures that justice is done. The principle reflects the need for judicial detachment. It prevents prejudgment. The court must scrutinize the confession. The principle provides guidance on armed robbery trials.