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OBINNA JOHN v. THE STATE

(2019) JELR 87105 (SC)

Supreme Court  •  SC.363/2014  •  8 Mar 2019  •  Nigeria

Coram
OLABODE RHODES-VIVOUR..... Justice, Supreme Court OLUKAYODE ARIWOOLA..... Justice, Supreme Court JOHN INYANG OKORO..... Justice, Supreme Court CHIMA CENTUS NWEZE..... Justice, Supreme Court AMINA ADAMU AUGIE..... Justice, Supreme Court

Judgement

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CHIMA CENTUS NWEZE, J.S.C. (Delivering the Lead Judgment):

At the High Court of Justice, Plateau State of Nigeria, the appellant, (as accused person), was charged with the offence of Armed Robbery contrary to, and punishable under, Section 1 (2) (a) of the Robbery and Firearms Act, Cap 398, Laws of the Federation of Nigeria, 1990.

At the trial of the case, the appellant pleaded not guilty to the Charge. The Prosecution called three witnesses, PW1, PW2 and PW3. Exhibits 1, 2 and 3 were tendered. On his part, the appellant testified as the sole witness. He tendered two exhibits, exhibits 4 and 5.

Persuaded by the Prosecution's case, the trial Court, on June 21, 2012, convicted the appellant as charged. The Court sentenced him to death by hanging. Having lost his appeal at the Court of Appeal, Jos Division, he has, further, appealed to this Court. He formulated five issues for the determination of his appeal by this Court. On its part, the respondent condensed the issues to three. On my pa…

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