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JOSEPH BILLE v. THE STATE

(2016) JELR 36764 (SC)

Supreme Court  •  SC.578/2013  •  1 Jul 2016  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; MUSA DATTIJO MUHAMMAD JSC; AMIRU SANUSI JSC;

Judgement

NWALI SYLVESTER NGWUTA, JSC (Delivering the Leading Judgment): The two Count Information laid against the appellant before the High Court of Justice, Cross River State, in the Obudu Judicial Division, shorn of the statements of offences reads:

"Count 1: Unlawful possession of fire arms contrary to Section 3(1) of the Robbery and Firearms Act (Special Provisions) Act Cap R 11 Vol. 4 Laws of the Federation of Nigeria, 2004.

Count II: Grievous harm contrary to section 335 of the Criminal Code Cap C16 Vol. 3 Laws of Cross River State of Nigeria 2004"

The offences were alleged to have been committed by the appellant on the 11th day of September, 2010 at Kakwe village, Bishiri, in the Obanliku Local Government Area of Cross River State in the Obudu Judicial Division.

On 6/4/2011 the two Count Information was read to the appellant and he pleaded not guilty to each Count.

Briefly, the facts leading to the charge are as follows. On 11th day of September, 2010 there was a bye-election in the Bishiri…

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