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ONYEKA MBERI V. THE STATE

(2016) JELR 37160 (CA)

Court of Appeal  •  CA/OW/351M/2012  •  15 Jan 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A.: (Delivering the Leading Judgment): Before the High Court of Justice, Imo State of Nigeria in the Orlu Judicial Division, Holden at Urualla ONYEKA MBERI along with one (1) other person was charged on a single Count information with the offence of Armed Robbery, contrary to Section 402(2) (a) of the Criminal Code Act Cap. 77 Laws of the Federation of Nigeria 1990 as Applicable in Imo State. In the particulars of offence the Appellant in company of one other person were said to have committed the offence of Armed Robbery on the 23rd day of June, 2008 at AKOKWA in Ideato North Local Government Area of Imo State while armed with a gun and other dangerous weapons, when they robbed Alibaz Industries Limited of two pieces of armored cable wire valued at Six Hundred and Fifty-Thousand (N650,000.00) Naira and one Armature valued at Thirty-Thousand (N30,000.00) Naira. The accused persons at the lower Court pleaded not guilty and the Prosecution called four (4) witnesses…

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