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KELVIN NOGHEGHASE v. THE STATE

(2017) JELR 37902 (CA)

Court of Appeal  •  CA/B/400C/2016  •  30 Jun 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an Appeal against the Judgment of the Hon. Justice R. Irele-Ifijehin of the High Court of Justice, Benin City delivered on the 29th July, 2016.

The Appellant was charged with conspiracy to commit Armed Robbery under Section 6(b), 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R.11 Laws of the Federation of Nigeria 2004 in counts 1 and 2 and with the offence of kidnapping punishable under Section 3(2) of Kidnapping (Provisions) Laws 2004.

The Appellant pleaded not guilty to each of the charges.

Briefly, the case for the prosecution is as follows: On the 2nd October, 2013, PW1 was accosted by by two boys who dispossessed him of some of his valuables including his Toyota Camry Car 2008 at gun point. He was also abducted and taken to a forest where he was left to die. He managed to escape and reported the matter at Ugbekun Police Station. The matter was later transferred to State C.I.D. and PW2 was d…

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