PRINCE EMEKA V. THE STATE
(2013) JELR 35826 (CA)
Court of Appeal
•
CA/B/370C/2010
•
12 Jun 2013
•
Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
SIDI DAUDA BAGE JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
Appearances
EMMANUEL O. ACHUKWU ESQ. For Appellant
P.E. AZIEGBEMHIN (MRS) Asst. Director, Ministry of Justice For Respondent
Judgement
<p>HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant by his Lordship the Hon. Justice J. Aigbuloko Oyakhirome J. sitting at High Court Benin City on the 23rd day of April, 2010 in charge No. B/2C/2008, for the offence of Armed Robbery. Being dissatisfied with his sentence and conviction, the appellant who was the only accused person during the trial of the charge at the High Court on the 6th day of September, 2010 filed an appeal seeking his discharge and acquittal.</p><p> The facts which led to this appeal are as follows:</p><p> The case of the prosecution is that PW1, one Mill Ada Mokobia testified that she lives and sells cooked food at No.34 Zabayo Street Benin City and that she has a motorcycle rider who buys meat for her every morning for her commercial cooking business and that whenever the bike man comes she gives him N1,500.00 for purchase of meat.</p><p> That on the 30th day of June 2006 at about 5.55 a.m. she was inside h…</p>