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UMOH EKPO v. THE STATE

(2018) JELR 33454 (SC)

Supreme Court  •  SC.605/2014  •  23 Feb 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

PAUL ADAMU GALINJE, JSC (DELIVERING THE LEADING JUDGMENT): The appellant was arraigned before the Lagos State High Court on the 15th of May, 2008 charged with armed robbery contrary to Section 402 (2)(a) of the Criminal Code Law Cap. C17 Vol.2 Laws of Lagos State 2003.

The prosecution's case against the appellant at the trial Court is that on the 5th January, 2006, one miss Ronke Odelana, who testified as PW1 in that Court, and her sister Toyin Odelana were walking towards Idi-Iroko bus stop, Anthony Area of Lagos State at about 6.45 am when the Appellant and another person, now at large, who were on a motorcycle, accosted them. The Appellant alighted from the motorcycle and pointed an object which PW1 thought at the time to be a gun. The Appellant asked PW1 to handover her bag, wallet and phone. She handed over the items to the appellant who passed them over to the second person. As the appellant was about to mount the motorcycle, PW1 held him and shouted for help. The shout attracted…

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