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BLESSING BOTU v. THE STATE

(2014) JELR 36558 (CA)

Court of Appeal  •  CA/B/76C/2013  •  28 May 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice Ebiowei Tobi sitting at the High Court of Delta State, Ughelli Judicial Division delivered on the 23rd day of July 2011. The facts that led to this appeal are as follows:

The Appellant was arraigned before the trial court on a three count charge of conspiracy to commit armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act and armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act. The Appellant and one Odafe Awhata now at large were alleged to have robbed at two different locations on different dates, two different complainants. The first robbery occurred on the 18th day of August 2002 and the second on 24th day of August 2002. The appellant and Odafe Awhata were accused of having robbed on the 18/8/2002 at gun point one John Eyalegin of his Mercedes Benz V/Boot. They were als…

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