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CHINEDU ONYEKWERE V. THE STATE

(2015) JELR 55291 (CA)

Court of Appeal  •  CA/E/460C/2013  •  11 Jun 2015  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA (Presided and Read TOM SHAIBU YAKUBU JCA EMMANUEL AKOMAYE AGIM JCA

Judgement

OREDOLA JCA (Delivering the Lead Judgment): The appellant, A as accused person was arraigned and charged by the prosecution, hereinafter called the respondent, before the High Court, Anambra State, holden at Onitsha, hereinafter called the lower court, on an amended/substituted one-count charge, dated 17 October 2008. The said charge reads: “Statement of offence: Robbery, contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

Particulars of offence:

Chinedu Onyekwere on 23 June 2007 at Plastic Market Okpoko within the Onitsha Judicial Division while armed wit h gun, robbe d Tobias Odo of the ca sh sum of N200,000.00 (two hundred thousand naira).” (Pages 33 and 35 of the record of appeal. ) Upon the commencement of trial, the appellant on 4 February 2009 entered a plea of not guilty to the said charge. At the hearing, the respondent called six witnesses for the prosecution. It also tendered seven exhibits. …

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