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FRANK NNAMDI CHIAZOR V. THE STATE

(2018) JELR 47055 (CA)

Court of Appeal  •  CA/B/141C/2015  •  8 Jun 2018  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd accused in Charge No. O/5C/2010 and, together with one Obidimma Chukwu (M), was charged with the offences of rape, conspiracy to commit armed robbery and armed robbery. The appellant and his co-accused were tried in the High Court of Delta State, Ogwashi-Uku Judicial Division, holden at Ogwashi-Uku. At the close of trial and after the addresses of learned counsel for the parties, the trial Court delivered a reserved judgment on 18/02/2015 whereby the appellant and his co-accused were discharged of the offence of rape but were found guilty of conspiracy and armed robbery; and were sentenced to death by hanging. This appeal is against the said judgment and it is based on the further amended notice of appeal filed on 20/04/2016, the appellants brief filed 20/04/2016 and the respondents brief filed on 30/01/2018. The further amended notice of appeal and the appellants brief were both deemed a…

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