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MICHAEL EBEINWE V. THE STATE

(2011) JELR 42642 (SC)

Supreme Court  •  SC.39/2009  •  14 Jan 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; SAIFULLAHI MUNTAKA-COOMASIE JSC;

Judgement

A. M. MUKHTAR, J.S.C, (Delivering the Leading Judgment): The charge for which the appellant was arraigned before the Ogun State High Court, holden in Ijebu-Ode reads as follows:-

"That you Michael Ebeinwe on or bouat (sic) the 23rd day of October, 2000 at Itele in the Ijebu-Ode Judicial Division robbed one Paul Umoke of a Suzuki Motorcycle FR 50 valued at N100,000.00 and at the time of the said robbery was armed with an offensive weapon to wit cutlass and thereby committed an offence contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990 as amended by the Tribunals (certain consequential Amendments ETC), Decree 1999."

The accused pleaded not guilty to the charge. The case of the prosecution is that the appellant inflicted injuries on one Paul Umoke. A motorcycle operator whom he hired to carry him to his house with a matchet, when they got to the destination. The appellant and took the victim's motorcycle to a…

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