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JOSEPH EDET EKPO V. THE STATE

(2008) JELR 48897 (CA)

Court of Appeal  •  CA/C/113/2007  •  30 Jun 2008  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): Two people (appellant not included) were arraigned before the Special Tribunal constituted pursuant to the provision of Robbery and Firearms (Special Provisions) Decree NO.5 of 1984 as amended sitting at Ikot Ekpene, Akwa Ibom State. They were charged with armed robbery contrary to Section 1(2)(a) of the Robbery and Firearm (Special Provisions) Decree NO.5 of 1984. The particulars of the one Court charge reads "Etim Edet Oboho and Effiong Etim Sunday on or about the 17th day of June, 1993 at Oron in Oron Judicial Division while armed with dangerous weapons to wit matchet and penknife robbed Okafor Ndukwe Anya and Uche Emole Uba of the sum of N220,284.00 (Two Hundred and Twenty Thousand, Two Hundred and Eighty-Four Naira) property of one Sunday Ikema." See page 1 of the records.

The record shows that on 20/6/94 the Clerk of Court read and explained the charge to the accused persons and each pleaded not guilty thereto. Th…

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