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ANTHONY BOYEWU V. THE STATE

(2017) JELR 41957 (CA)

Court of Appeal  •  CA/L/815A/2013  •  17 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment):The appeal is from the judgment of the High Court of Justice of Lagos State (the Court below) whereby it convicted the appellant of murder and sentenced him to death by hanging under Section 316 of the Criminal Code Law Cap. C.17 Vol.2 of the Laws of Lagos State 2003.

The thrust of the case upon which the appellant was convicted and sentenced to death was that the appellant and two other accused persons who at all material times were security guards around Balogun Kuku Street, Aguda, Surulere, Lagos taking the deceased, a Mr. Olamilejun Hassan, to be a robber, were said to have caught him, tied him up and shot him to death in the night of the fateful day along the street where the deceased lived and under the security watch of the appellant and the others charged with him.

Aggrieved by the conviction and sentence the appellant filed a notice of appeal which was, by the order of the Court, amended. The amended notice of app…

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