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JOHNBULL ARHABONE v. THE STATE

(2014) JELR 42224 (CA)

Court of Appeal  •  CA/B/288C/2008  •  21 Mar 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 20/12/2006 by the High Court of Justice Delta State holden in the Orerokpe Judicial Division (hereafter simply referred to as "the lower court") presided over by Omamogho, J.; (hereafter simply referred to as "the learned trial Judge"). An Information containing two counts for the offences of conspiracy to commit the offence of armed robbery and substantive offence of armed robbery both punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, LFN, 1990, was preferred against the Appellant. In its judgment, the lower court discharged and acquitted the Appellant on the count relating to conspiracy to commit the offence of armed robbery but convicted him on the count relating to the substantive offence of armed robbery and consequently sentenced him to death pursuant to Section 1(2)(a) supra.

Being aggrieved with his conviction a…

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