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MR. UCHENNA NWOCHA v. THE STATE

(2012) JELR 33430 (CA)

Court of Appeal  •  CA/L/381/08  •  1 Mar 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; SIDI DAUDA BAGE JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice D.O Oluwayemi sitting at the High court of Lagos state, Ikeja Judicial Division delivered on the 4th day of June 2007. The facts that led to this appeal are as follows:

The Appellant was on the 8th of June 2006 arraigned before the lower court upon a one count charge of armed robbery contrary to section 402(2)(a) of the Criminal Code. The Appellant was alleged to have robbed one Mr. Segun Lawson (Complainant) of his car while armed with a gun on the 12th of April 2005. At the close of trial, the lower court found the Appellant guilty of armed robbery and sentenced him to death. The Appellant being dissatisfied with the Judgment of the lower court has brought this appeal against his conviction and sentence.

The Appellant's brief was dated and filed on the 20th of May, 2008. The Respondent's brief dated the 3rd of March, 2009 was filed on the 4th of March 2009 and…

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