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IFEANYI OBI v. THE ATTORNEY GENERAL OF IMO STATE

(2014) JELR 36160 (CA)

Court of Appeal  •  CA/OW/59/12  •  15 Dec 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA G. MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A (Delivering the Leading Judgment): The appellant was the first accused person in Charge No. HAM/55c/2007.

He faced a simple count of armed robbery together with the second accused.

They were arraigned at the Aboh Mbaise Judicial Division of the High Court Imo State. It was trial by information. The offence contained in the information was that the accused persons on the 9th day of April 2007 at Akabor Ahiazu Mbaise armed with firearms robbed one Dr. Reginald C. Ike of his Cherokee Jeep. The case proceed to trial and on 26th July, 2011 the trial High Court in a considered judgment discharged and acquitted the 2nd accused, convicted the appellant of the offence of armed robbery and sentenced him to death. Dissatisfied with this judgment the appellant filed this appeal.

The facts of the case are very brief. On the night of 9th April 2007 at Akabor Ahiazu Mbaise some youth were congregated in front of the compound of one Chief Onu between 8pm and 9pm to discus…

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