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CHINEDU EMMANUEL V. THE STATE

(2016) JELR 41195 (CA)

Court of Appeal  •  CA/C/393C/2014  •  3 Nov 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
Appellant unrepresented For Appellant P.S. Bisong (Director of Public Prosecution, Cross River State) with him, F.B. Agim (SC II) For Respondent

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered on June 12, 2014 in charge No. HC/58c/2012. By the said judgment, the Court below, Coram F. Nnang Isoni, J., Convicted and sentenced to death the Appellant and two other persons in the offence of armed robbery, contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, CAP. R11, Volume 4, Laws of the Federation of Nigeria, 2004.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the record of appeal. On January 21, 2013, the Appellant and two other persons were arraigned before the Court below upon a one count charge (information), dated 20/7/2012:

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act, CAP. 398, Vol. 22, Laws of the Federation of NIGERIA ...2004.

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