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COSY EMENIKE EZENWAFOR v. COMMISSIONER OF POLICE

(2009) JELR 47262 (CA)

Court of Appeal  •  CA/A/34C/08  •  17 Mar 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MARY PETER ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal Capital Territory holden at Abuja delivered on 5/9/07 by Hon. Justice A. M. Taiba.

The Appellant is standing trial on the following five-count charge of armed robbery and culpable homicide:

''COUNT ONE:

That you: Cosy Emenike Ezenwafor, 'M', 32 years of Efab Estate, Jabi - Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did conspire with one another to commit felony to wit: Armed Robbery and you thereby by committed an offence punishable under Section 97 of Penal Code Law of the Northern Nigeria.

COUNT TWO:

That you: Cosy Emenike Ezenwafor, 'M', 32 years of Efab Estate, Jabi-Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did consp…

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