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GABRIEL OGOGOVIE v. THE STATE

(2016) JELR 36931 (SC)

Supreme Court  •  SC.598/2014  •  3 Jun 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division (hereafter called the Lower Court), delivered on the 9th day of July, 2014, affirming the judgment of the High Court of Delta State, Warri Judicial Division delivered on 10th day of October 2012 convicting and sentencing the appellant to death by hanging, having been found guilty and convicted for the offence of conspiracy to commit armed robbery and armed robbery.

BACKGROUND FACTS

From the Record of Appeal are garnered the following facts for an easier understanding of the journey from the trial Court to this Appeal at the Supreme Court.

On the 1st day of April, 2009, the appellant was arraigned before the trial Court on a three (3) count charge of conspiracy to commit armed robbery and armed robbery. It was alleged that the appellant and others while armed with guns robbed one Ogbama Simon (PW2) and one Godwin Inieke Esen on 25th day …

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