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CHRISTIAN IGBA V. THE STATE

(2013) JELR 34108 (CA)

Court of Appeal  •  CA/MK/73A/2011  •  23 May 2013  •  Nigeria

Coram
JA'AFARU MIKA'ILU JCA; SAMUEL C. OSEJI JCA; MOHAMMED A. DANJUMA JCA;

Appearances
John Ioryina with A.M. Tijah For Appellant J.S. Tarpav PSC (MOJ) Benue For Respondent

Judgement

SAMUEL C. OSEJI, J.C.A.: (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Benue State, Makurdi Division, delivered by Hon. Justice Tine Tur on the 17th day of June 2010 wherein the appellant was convicted with two other persons for the offence of Criminal Conspiracy and Armed Robbery.

The charge against the appellant and three others as shown at page 71-73 of the record reads thus:-

HEAD ONE

"That you Owoicho Brown Innocent, Christian Igba, Solomon Gbaji Ayoosu and Kingsley Orjime who is now at large on 9/6/2006 at about 7.00pm at P2, 2nd Avenue, Federal Housing Estate North Bank, Makurdi within the jurisdiction of this Honourable Court conspired to do on illegal act to wit; attack and rob one Barrister Peter S. Abaagu and his family and to rape Miss Mwuese Anshase at the said address making use of guns and other dangerous weapons to prosecute the said agreement and the same was carried out pursuant to your conspiracy. You thereby com…

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