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AFAM OKEKE v. THE STATE

(2016) JELR 37183 (CA)

Court of Appeal  •  CA/E/371C/2012  •  21 Jan 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN M. OGUNWUMIJU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Anambra State delivered by Hon. Justice Peter J. Umeadi on 21/2/2012, wherein His Lordship convicted the Appellant for armed robbery and sentenced him to death by hanging or firing squad. The facts that led to this appeal are as follows:

The Appellant was arraigned before the trial Court on information and proof of evidence containing a five count charge. The Appellant pleaded not guilty to the charge. To prove its case, the Prosecution called 5 witnesses at trial. P.W.1 gave evidence that the Appellant in the company of others had robbed at gunpoint, P.W.1 of her vehicle and other valuables on their way to Nkpor through Ugwunabankpa Road, Inland town, Onitsha, after which P.W.1 went to the Police Station and gave a statement. P.W.2 gave evidence that she knew the Appellant very well and she was in the company of P.W.1 and others in P.W.1's vehicle when the Appellant …

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