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SUNDAY FRED INYANG V. THE STATE

(2012) JELR 52758 (CA)

Court of Appeal  •  CA/C/135C/2010  •  29 Nov 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA (Presided) UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA (Read the Lead Judgment)

Judgement

TUR JCA (Delivering the Lead Judgment): On 30 October 1996, the appellant was convicted and sentenced to 21 (twenty one years) imprisonment without option of fine by the Special Tribunal appointed under the Robbery and Firearms (Special Provisions) Decree No. 5 of 1984 holden at Ikot Ekpene, Akwa Ibom Sate. The conviction and sentence was under the provisions of section 1(1) of the Robbery and Firearms Act, Cap. 398, Laws of the Federation of Nigeria, 1990. The Court of Appeal granted the appellant 7 days leave to appeal against the conviction and sentence on 2 December 2010. The notice of A appeal was eventually filed on 8 December 2010 containing five (5) grounds. From these grounds learned counsel distilled three issues for determination set out in the appellant’s brief of argument filed on 17 August 2011 but deemed properly filed and served on the respondent on 23 February 2012. When the appeal came up for hearing on 5 November 2012 learned counsel intimated this court that grou…

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