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SUNDAY EHIMIYEIN V. THE STATE

(2013) JELR 35824 (CA)

Court of Appeal  •  CA/B/154C/2007  •  19 Apr 2013  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Appearances
EMMANUEL ACHUKWU with him JIDE OKONGWU For Appellant P.E. AZIEGBEMHIN DDPA Ministry of Justice, Edo State with MISS I.O. OKUNGBOWA For Respondent

Judgement
<p>SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant by his Lordship M.I. Edokpaiyi J. (as he then was) sitting at High Court No. 3 Benin City on the 26th day of September 2005 in Charge No. B/48C/2000. The State V. Sunday Ehimiyein and Another for the offence of Armed Robbery.</p><p> The Appellant who was the 1st accused person in the charge. At the conclusion of the case the learned trial Judge delivered Judgment on the 26/09/2005 convicted the 1st and 2nd accused person as charged and sentenced them to death by hanging. Being dissatisfied with his sentence and conviction, the Appellant who was the 1st accused person during the trial of the charge in the High Court filed this appeal which is contained at page 152 of the records, seeking a discharge and acquittal.</p><p> The Appellant was arraigned as the 1st accused person in Charge No. B/48C/2000 along with the 2nd accused person at the High Court of Justice Edo State Holden at Benin…</p>

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