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JOEL EGBINE v. THE STATE

(2015) JELR 33208 (CA)

Court of Appeal  •  CA/B/238C/2014  •  8 Jul 2015  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Edo State Coram P. I. Imoedemhe, delivered on the 16th day of December, 2013 whereby the learned trial judge in a considered decision dismissed the no case submission argued on behalf of the Appellant and ordered him to enter his defence to the three count charge.

The 3 count charge of Conspiracy and Armed Robbery against the Appellant and others at large reads thus:

COUNT ONE:

That you Joel Egbine (m) and others now at large, on or about the 1st day of September, 2011 at No. 8, Igiehon Street, Off Okhoro Quarters, Benin City, in the Benin Judicial Division, conspired amongst yourselves to commit a felony to wit: Armed Robbery and thereby committed an offence contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11, Laws of the Federation of Nigeria 2004.

COUNT TWO:

That you Joel Egbine (m) and others no…

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