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UKEME CHRISTOPHER OKON (A.K.A. ABILITY) v. THE STATE

(2018) JELR 38563 (CA)

Court of Appeal  •  CA/C/265c/2016  •  2 Jul 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the decision of the High Court of Akwa Ibom State delivered on the 19th day of January, 2016 by ABRAHAM J. (as he then was) convicting the Appellant for armed robbery and sentencing him to death.

The Appellant had been charged as 2nd accused alongside 5 other co-accused on 3 counts of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special provisions) Cap R.11 2004.

At trial the prosecution called 5 witnesses and tendered several exhibits while the accused persons including the Appellant testified from the witness box in their defence with the 3rd accused person calling an additional witness. After taking the final addresses of counsel, the learned trial Judge in a considered judgment found that the prosecution failed to prove counts 1 and 2 beyond reasonable doubt but found count 3 proved beyond reasonable doubt against the Appellant and 2 of his co…

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