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THANKGOD CHIBUIKE OBIALU v. THE STATE

(2017) JELR 37862 (CA)

Court of Appeal  •  CA/B/51C/2014  •  5 Jul 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Judgment of High Court of Justice, Ogwashi-Uku Judicial Division of Delta State of Nigeria in Charge No: A/27C/2009 THE STATE V. THANKGOD CHIBUIKE OBIALU delivered on the 13th day of July, 2011, wherein the Appellant was sentenced to death by hanging upon his conviction for the offences of Conspiracy to commit Armed Robbery and Armed Robbery.

Briefly, the facts of the case are that the Respondent in proof of the charge of conspiracy to commit armed robbery and armed robbery called three witnesses viz PW1 who identified the Appellant as one of the robbers who robbed her at about 8.00pm on the 12th day of September 2008. PW2 and PW3 are police officers who investigated the case and through whom Exhibits were tendered by the prosecution. Exhibit A is the extra-judicial statement made by the Appellant. Exhibit B is a revolver magazine containing two live cartridges while Exhibits C and C1 are two ex…

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