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JOEL IGHALO v. THE STATE

(2016) JELR 36761 (SC)

Supreme Court  •  SC.254/2013  •  1 Jul 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement
<p>KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the leading : ): </p><p>The appeal of the appellant is predicated on the ground that the prosecution did not prove his guilt beyond reasonable doubt and so the Court of Appeal was wrong in affirming the decision of the trial court which found him guilty of armed robbery and sentenced him to death by hanging.</p><p>The facts of the case are as follows:</p><p>On the 1st of April, 2003 at about 2a.m., a gang of armed robbers invaded the residence of Musa Ighalo at No. 18, Umeri Street, Upper Mosheshe, off Sakponba Road, Benin City. They were armed with guns, machetes, battle axes and iron rod. They beat up the said Musa Ighalo who testified as PW3, robbed him of the sum of N25,000.00 and inflicted serious injuries on him and members of his family which eventually led to the death of Ehinome Ighalo, step-brother of the appellant who was then seventeen years old and a student of the Federal Polytechnic Auchi.</p><p>The appellant is the first son of PW3 but PW3 did not ma…</p>

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