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UDEH KINGSLEY EMEKA v. THE STATE

(2014) JELR 36650 (SC)

Supreme Court  •  SC.347/2011  •  6 Jun 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC; JOHN INYANG OKORO JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the court of appeal, Calabar Division delivered on the 13th day of July, 2011, affirming the conviction and sentence of the trial court presided over by HON. JUSTICE GODWIN J. ABRAHAM of Uyo High Court who sentenced the appellant herein to death, for the offence of armed robbery.

The appellant's appeal to the court of appeal was not successful hence he has now further appealed to this court. In the brief of the appellant and pursuant to the rules of this court, the following four issues are posed for determination:

"3.01. Whether the lower court did not fail in its legal duty to consider and resolve all the issues placed before it particularly issues No. 3 and 4 in the appellant's brief of argument -

3.02. Whether by failing to consider all the issues placed before it the lower court did not breach the constitutional right of the appellant to fair hearing.

3.03 Whether the decision of t…

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