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HENRY EGBUJI v. THE STATE

(2014) JELR 36302 (CA)

Court of Appeal  •  CA/L/1091/2013  •  31 Oct 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice A. A. Oyebanji of the Lagos State High Court sitting at Ikeja Division and delivered on the 25th day of January, 2008 wherein the trial judge found the appellant along one Nnamdi Eze guilty of the offence of robbery and sentenced the appellant to 12years imprisonment. The appellant was initially charged with the offence of armed robbery but the trial Judge found them guilty of a lesser offence or robbery and convicted them. The appellant aggrieved with the conviction and sentence appealed to this court on 4 grounds of appeal at page 186- 188 of the record of appeal.

FACTS:

The brief facts are that the appellant was arrested upon the complaint of the sole witness in the trial, one Mrs.Tayo Ashafa who said she was robbed at her house of valuable items on the 28th day of December, 1999 and five days later her house help, little Fatimah was sent on an errand and …

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