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ITOM ISHOR IKPO v. THE STATE

(2016) JELR 37111 (SC)

Supreme Court  •  SC.722/2014  •  18 Mar 2016  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement

KUDIRTAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division, delivered on 27th June 2014, affirming the judgment the High Court of Cross River State sitting at Ogoja, delivered on 26th July 2012 convicting the appellant for armed robbery and imposing a sentence of death on him.

?The appellant was originally charged on 2/6/2011 with two counts of armed robbery contrary to Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14, Laws of the Federation of Nigeria (LFN), 2004. On 25/1/2012, upon an application by the prosecution, the address of the venue where the offence was alleged to have taken place was amended and the second count was struck out. The original count 1 alleged that the offence took place at No. 2 Mbube Street Abakpa, Ogoja, By the amended count, the appellant and others at large, at about 12 midnight, were alleged to have, on …

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