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(2021) JELR 109516 (CA)

Court of Appeal  •  CA/B/329C/2015  •  15 May 2021  •  Nigeria

Oyebisi Folayemi Omoleye, JCA Biobele Abraham Georgewill, JCA Frederick Oziakpono Oho, JCA


OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting at Benin Criminal Division, per S.A. Omonua, J., (hereinafter referred to as “the trial Court”) delivered on the 14thday of July, 2015 in Suit No. B/35C/2012.

The background facts of the matter from the perspective of the Respondent who was the prosecution at the trial Court are that, at about 2.00am in the morning of the 2nd day of June, 2011, the Appellant while in possession of a single-barreled gun invaded the house of Sunday Ekoma at No.10 Aiwereoghene Street, off Amadasun Street, Benin City. At gun point and wearing a mask, the Appellant demanded money from Sunday Ekoma and the other three members of his family. The Appellant hit Sunday Ekoma with the butt of his gun, tore the cloths of Sabbath Ekoma, Sunday Ekoma’s daughter and also attempted to rape her. The Appellant equally shot, injured and robbed John Ekoma of the sum eight hundred a…

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