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BENJAMIN GHOHOR V. THE STATE

(2013) JELR 53074 (CA)

Court of Appeal  •  CA/B/354C(A)/2010  •  8 Mar 2013  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA (Presided) AYOBODE OLUJIMI LOKULO-SODIPE JCA TOM SHAIBU YAKUBU JCA (Read the Lead Judgment)

Judgement

YAKUBU JCA (Delivering the Lead Judgment): On 3 August 2009, the appellant was found guilty of the offences of conspiracy to commit armed robbery and armed robbery. He was consequently sentenced to death by hanging by Ebiowoi Tobi, J., of the Delta State High Court of Justice, sitting at Otor-Udu. The appellant and one Lucky Efe were alleged to have attacked one Rebecca Oderhewo, on 13 October 2005 at Ovwian within Effurun Judicial Division, Delta State, who was robbed of the sum of N300.00 (three hundred naira) cash and jewelries worth N3,000.00 (three thousand naira). They were said to have been armed with a gun and a cutlass. The appellant denied the two charges against him. At the trial, the prosecution called two witnesses. An attempt to tender in evidence the extra-judicial statement of the appellant by theprosecution was objected to by the defence on the ground of involuntariness of the said statement. The trial-within-trial ended in favour of the defence, hence, the extra-ju…

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