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CHIBUEZE NJIMOGU v. THE STATE

(2016) JELR 36838 (CA)

Court of Appeal  •  CA/OW/55C/2014  •  15 Jul 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was the 1st accused person in an information filed at the High Court of Abia State in Charge No. HU/53C/2011, presided over by Hon. Justice A.O.K. Ogwe. The learned trial Judge, after hearing the case and considering the evidence and addresses of Counsel, delivered judgment on 20/11/2013, convicted the Appellant for armed robbery and sentenced him to death by hanging on the neck until he be dead. The Court discharged the 2nd Accused person ? MR. OGBONNA UME.

Appellant (with another person), was charged for the following offence:

Count 1:

?ARMED ROBBERY, contrary to Section 1 (2) (a) of the Robbery and Fire Arms (Special Provisions) Act, Cap R 11, Vol. 14, Laws of the Federal Republic of Nigeria, 2004, as applicable in Abia State.

Particulars of Offence:

Chibueze Njimogu, Ogbonna Ume, on the 6th day of April, 2011 at No. 36 Agbama Housing Estate, in the Umuahia Judicial Division, while armed with gun and matchet, robbed t…

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