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WEMGBAHEMBA IORHEM v. THE STATE

(2017) JELR 37352 (CA)

Court of Appeal  •  CA/YL/117C/2016  •  6 Nov 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 12th January, 2016 in the High Court of Taraba State holden at Jalingo. The Appellant and four others were tried for criminal conspiracy and armed robbery; offences contrary to Sections 5(b) and 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act 1990. All five of them were found guilty of criminal conspiracy and robbery simpliciter and sentenced to twenty-one years prison term each. The terms of imprisonment were to commence from 2007 when they were remanded in prison custody pending trial.

The facts of the case for the respondent discernible from the evidence of PW3 and PW4 are as follows: On the 20th July, 2007 at midnight while the PW3 was sleeping in his house, the malefactors came and knocked at the door and demanded for money saying that if he did not give them money they were going to shoot him. They attempted to open the window. The PW3 therefore …

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