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JOSEPH EZIRIM & ORS V. ATTORNEY-GENERAL OF IMO STATE

(2009) JELR 46651 (CA)

Court of Appeal  •  CA/PH/58/2006  •  11 Mar 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLAKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Appearances
E. C. N. Igbokwe Esq. with N. Ejimofor Esq., E. Oleka Esq. For Appellant I. I. Amadi (Mrs) For Respondent

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The Appellants in this appeal were tried on an information which charged them with the offence of robbery with violence contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 308 Volume XXI Laws of the Federation of Nigeria (1990). The particulars of the offence as contained in the information read thus:

"Joseph Ezirim, Ikechukwu Ebo, Simon Okoroigwe, on the 22nd day of August, 1998 at Afor Ibeme in Mbano armed with firearms robbed Mr. Remigius Ezeji of the sum of N48,000.00 including a hand bag valued at N350.00 property of Remigius Ezeji."

Each of the Appellants pleaded not guilty to the charge. The prosecution called five witnesses. Each of the Appellants testified on his behalf and the 2nd Appellant called one witness who testified for him. The facts of the case as can be gleaned from the records are that: - The 1st and 2nd Appellants, Ikechukwu Ebo and Simon Okoroigwe were charged along…

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