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FABIAN NWATURUOCHA v. THE STATE

(2010) JELR 33261 (CA)

Court of Appeal  •  CA/A/251c/2008  •  18 Feb 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI (Presided) JCA; ABDU ABOKI JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I.O. Bello of the High Court of the federal Capital territory, Abuja, delivered on the 24th day of January, 2008, wherein the learned trial judge convicted and sentenced the Appellant to 11 years imprisonment and a fine of N250,000.00 for the offence of robbery punishable under Section 298 (b) (i) of the panel Code.

The case of the Respondent before the trial court was that the Appellant robbed one Taye Musa (PW1) a commercial driver of his commercial vehicle, Toyota Starlet car with Registration No AA445ABJ at gun point around 6.30pm on the 22nd October, 2008. The Appellant pleaded not guilty to the charge. To substantiate the case against the Appellant, the Respondent called two witnesses. The Appellant testified in his own defence and called two other witnesses. In a considered judgment delivered on the 24th day of January, 2008 the learned trial judge …

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