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SAMUEL AKHILOMEN V. THE STATE

(2017) JELR 37884 (CA)

Court of Appeal  •  CA/B/157BC/2016  •  18 May 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
CHIEF J.N. OKONGWU with him, LOLO CHINELO OKONGWU For Appellant MRS. R.O. OAIHIMIRE (S.S.C., Edo State, Ministry of Justice) For Respondent

Judgement

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This judgment is predicated on the appeal by Samuel Akhilomen, (the 2nd accused at the trial) against the judgment of the High Court of Edo State, Benin City. The judgment was delivered on the 20th day of October, 2014 in Suit No. B/30C/2012. Therein, the appellant and two other who stood trial with him were convicted and sentenced to life imprisonment and death by hanging for offences of conspiracy, kidnapping and armed robbery contrary to S.516 of the Criminal Code, S.2(2) and 3(2) of the kidnapping (Prohibition) Law of Edo State 2009 and S.6(b) and 1(2)(a) of the Robbery and Firearms (Special Provision) Act Cap RII Laws of Federation of Nigeria, 2004.

Dissatisfied with the said judgment hence this appeal.

The summary of the facts is that the appellant gave information to other co-accused about the movement of Mrs. Florence Obayuwana and which information was acted upon by the appellants cohort on the 18th day of Jul…

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