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EDWARD OJUKWU & ORS v. THE STATE

(2001) JELR 41316 (CA)

Court of Appeal  •  CA/PH/170/98  •  4 May 2001  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The appellants along with 3 others were hitherto charged and tried for armed robbery said to have been committed in the night of 29th August, 1980 at Ogbaku in Owerri. At the end of the trial, 3 of the 6 accused were acquitted and discharged while the appellants were found guilty, convicted and sentenced to death, whereupon the prisoners appealed to the court. The original grounds of appeal were withdrawn and so the appellants' counsel relied solely on the new grounds which were added later and from which issues were distilled from. The issues to be determined and as framed by the counsel are as follows:

"(1) Whether the learned trial Judge was right when having condemned the manifestly irregular identification of the appellants in a van after arrest still convicted them upon the same identification-evidence led by PW2 and 5 at the same trial?.

(2) Whether the learned trial Judge was right to have convicted the appellants on theā€¦

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