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JOSEPH SUNDAY EKPO v. THE STATE

(2015) JELR 42260 (CA)

Court of Appeal  •  CA/C/172C/2014  •  22 Jun 2015  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA ONYEKACHI AJA OTISI JCA PAUL OBI ELECHI JCA

Judgement


CHIOMA EGONDU NWOSU-IHEME J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered by Adie Attoe-Onyebueke, J. on the 26th of March, 2014 in which the Appellant was convicted of the offence of Armed Robbery and sentenced to death by hanging.

Aggrieved by that judgment the Appellant brought this appeal.

A summary of the case as presented at the trial Court was that the Appellant, Joseph Sunday Ekpo was charged before the High Court of Cross River State, Calabar Judicial Division on an information containing a count of Armed Robbery contrary to Section 1(2) (a) of the Robbery and Firearms (special Provisions) Act, Vol. 1, cap. R.II, Laws of the Federation of Nigeria, 2004.

On the 14th of April, 2008, the Appellant and one Papa were said to have robbed one Peter Archibong Jimmy of the sum of N2,100.00 and one telephone handset while armed with machete.

The Appellant and Papa were said to have…

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