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MICHAEL NWORIE V. THE ATTORNEY-GENERAL OF OGUN STATE

(2001) JELR 56787 (CA)

Court of Appeal  •  CA/I/74/2000 .  •  12 Jul 2001  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA, JCA (Presided) FRANCIS FEDODE TABAI, JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
Mr. A. Fashanu, Esq. - for the Appellant . -*- Chief O. Oyebolu, Attorney-General, Ogun State - for the Respondent .

Judgement

TABAI, JCA (Delivering the Lead Judgment): At the Abeokuta Judicial Division of the High Court of Ogun State of Nigeria, the appellant was charged and tried for armed robbery contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, Cap. 398,

Laws of the Federation of Nigeria, 1990. The trial which commenced on 20/10/99 involved the testimony of five witnesses for the prosecution and the appellant who alone testified in self defence. On 25/1/2000, the learned trial Judge, S. A. Oduntan, J. in his judgment found the appellant guilty as charged. He was accordingly convicted and sentenced to death by firing squad. This appeal is against the said judgment. Briefs of arguments were filed and exchanged. The appellant’s brief was prepared byAfolabi Fashanu and it was filed on 24/4/2000. The respondent’s brief of argument which was deemed filed on 30/11/2000 was prepared by the Attorney-General of Ogun State himself, Chief Oluseyi Oyebolu. The appe…

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