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THEOPHILUS EYISI (ALIAS SUNDAY EYISI) JOSEPH EZEBUILO TITUS EYISI V. THE STATE

(2000) JELR 55596 (SC)

Supreme Court  •  SC. 160/1999  •  8 Dec 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC SYLVESTER UMARU ONU, JSC (Read the Lead Judgment) UMARU ATU KALGO, JSC SAMSON ODEMWINGIE UWAIFO, JSC

Judgement

ONU, JSC (Delivering the Lead Judgment): The origin of this casecomprising of an attack on a vehicle ( a Peugeout 504 G.L. Saloon car) occupied by two persons - PW2 and PW3 - involved the three accused persons (Theophilus Eyisi alias Sunday Eyisi, Joseph Ezebuilo and Titus Eyisi, who in the rest of this judgment I shall refer to as 1st, 2nd and 3rd appellants respectively). They were jointly charged in a one-count information with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Acts, 1970 (No. 47 of 1970) as amended by the Robbery and Firearms (Special Provisions) (Amendment) Act, 1974 (No. 8 of 1974). The appellants, who then subsequently stood trial before the High Court of Anambra State presided over by Obiesie J. of the blessed memory, sitting at Onitsha, were found guilty, convicted as charged and accordingly sentenced to death. Aggrieved by this decision, the appellants appealed unsuccessfully against their conviction a…

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