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FOLORUNSHO ALUFOHAI v. THE STATE

(2012) JELR 35084 (CA)

Court of Appeal  •  CA/B/420C/2010  •  23 Apr 2012  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; OYEBISI FOLAYEMI OMOLEYE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement
<p>RAPHAEL CHIKWE AGBO, J.C.A: (Delivering the leading : ): The appellant and one Sunday Ehimieyin were arraigned before the High Court of Edo State in charge No.B/48C/2000 on a two counts charge of conspiracy and armed robbery. Both were in a considered judgment on 26/9/2005 convicted and sentenced to death.</p><p> Dissatisfied with this judgment, the appellant filed a notice of appeal containing two grounds of appeal at page 153 of the record of appeal which grounds read thus:-</p><p> ''1. That the learned trial Judge erred in law in convicting the appellant of robbery when there was no direct evidence before the court, that the appellant was responsible for the death of the deceased.</p><p> 2. That the decision of the trial Judge is therefore unwarranted, unreasonable have due regard to the weight of evidence."</p><p> No additional grounds of appeal were later filed. The parties filed and exchanged briefs of argument. The appellant from his notice of appeal formulated two issues for determination to wit -</p><p> …</p>

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