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WILFRED OKAFOR v. THE STATE

(2005) JELR 45296 (CA)

Court of Appeal  •  CA/A/190C/2003  •  8 Dec 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; MARY U. PETER ODILI JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

OLABODE RHODES-VIVOUR, J.C.A.(Delivering the Leading Judgment): The appellant was charged in the High Court Niger State, sitting in Minna with Robbery, contrary to Section 1(1) of the Robbery and Firearms (Special Provisions) Act, 1990. He was found guilty of the offence on the 6th day of May, 2002, by the Hon. Justice Aisha A.L.B. Bwari and sentenced to 21 years in prison.

To substantiate its case, the State, now respondent in this appeal, called six witnesses and tendered documentary evidence, among which are the statements of the accused person and the complainant, PW1.

The prosecution's case was that on the 5th day of November, 1999, one Mohammed Ahmed, a commercial driver who testified as the PW1 drove his vehicle, a 505 Peugeot Station Wagon from Lagos to Minna, The registration number of his vehicle is XA 978 MNA. There were passengers and their belongings in the vehicle. On arriving at Edozhigi road junction, about 15 Kilometres from Bida, he ran over oranges stuck with nails.…

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