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DARLINGTON OGBODU v. THE STATE

(2017) JELR 37411 (CA)

Court of Appeal  •  CA/B/313C/2015  •  15 Nov 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Orerokpe Judicial Division of Delta State of Nigeria in Charge No. HOR/11C/2011 THE STATE V. DARLINGTON OGBODU and 2 ORS delivered on the 5th day of February 2014 wherein the Appellant who was an accused at the lower Court was found guilty and convicted for the offences of conspiracy to commit Robbery and Robbery, conspiracy to commit kidnapping and kidnapping, demanding with menace and stealing.

Briefly, the facts of the case are that the Appellant and two others were charged on information before the High Court of Delta State for the offences of conspiracy, armed robbery, kidnapping, demanding with menace and stealing.

At the trial, the prosecution called 7 witnesses, while the Appellant gave evidence in his defence and called no witness. At the conclusion of the trial, the Appellant was convicted and sentenced accordingly in respect of the offences charged.

D…

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