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IFEANYICHUKWU AKWUOBI v. THE STATE

(2016) JELR 41606 (SC)

Supreme Court  •  SC.379/2011  •  9 Dec 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Makurdi division (the lower Court) delivered on 5th of July 2011 which affirmed the conviction and sentence of the appellant on offences of conspiracy to commit armed robbery and of armed robbery. The appellant as an accused person, was arraigned before the High Court of Benue State (trial Court) on the two counts charge reproduced Below:-

COUNT ONE

That you IFEANYICHKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230hrs along Ugbokolo Local Government Area(sic) of Benue State within the jurisdiction of this Honourable Court agreed with three others (now at large) and one other now deceased to do an illegal act to wit, commit armed robbery in a 911 lorry with Registration No. XD 259 FGG which was done in pursuance of the agreement, and you thereby committed an offence punishable under Section 5(6) of the Robbery and Firearms (Special Provisions) Act Cap 398 La…

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