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(2021) JELR 109552 (CA)

Court of Appeal  •  CA/AS/473C/2017  •  31 May 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Asaba, Delta State delivered on 1st day of June, 2016 whereat the Appellant was convicted and sentenced to terms of imprisonment and Death (concurrently) at the Obiary Judicial Division, thereof. By an information filed on 23rd February, 2012 the Appellant was charged for conspiracy to commit murder, attempted murder, armed robbery and illegal possession of fire arms.

The facts succinctly put are that the Appellant conspired to commit murder and attempted to commit murder, armed robbery and did rob one Chukwunalu Animan along Ulogwe Isumpe Road, Obiaruku Judicial Division on the 1st day of May, 2011 by cutting off his hand and inflicting matchet cuts on other parts of his body and illegal possession of firearms.

The prosecution, Respondent called six (6) witnesses. The 1st witness being the victim himself testified that he was a commercial motor bike ride…

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