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EMMANUEL EKE v. THE STATE

(2011) JELR 47428 (SC)

Supreme Court  •  SC.364/2009  •  4 Feb 2011  •  Nigeria

Coram
MAHMUD MOHAMMED JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC

Judgement

J. A. FABIYI. J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division ('the court below' for short) delivered on 15th December, 2009. Therein, the court below affirmed the decision of the Kaduna State Armed Robbery and Fire Arms Tribunal which was delivered on 24th October, 1997.

The appellant was arraigned before the above stated Tribunal on a single charge which reads as follows:-

"That you EMMANUEL EKE and one other (at large) on or about the 10th day of February, 1995 at Kurmin Iya Village, Kaduna State, committed armed robbery to wit robbed (sic) one Mrs. Talatu Silas and Felicia Moses of cabout (sic) the sum of Five Thousand, Nine Hundred and Seventy Naira (₦5,970.00) at gun point (i.e. by pointing gun at them) and thereby committed an offence of armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398, Laws of the Federation of Nigeria 1990 and triable by the Robbery a…

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