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FELIX ANTHONY OROK v. THE STATE

(2009) JELR 47359 (CA)

Court of Appeal  •  CA/C/71/2006  •  7 May 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

M. A. OWOADE J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice E. E. Ita of the High Court Cross River State, Calabar, wherein he convicted the Appellant on a one count charge of Armed Robbery and sentenced him to death. The facts of the case are that on the 24th day of July, 2004, Chike Okpa, in company of Alfred Ekpeyong (PW 2) and one Bassey Orok came to meet the complainant Chief Archibong Archibong (PW 1) in a social gathering at No. 19 Abasi Obori Street, Calabar. They were to deliver PW 1 the sum of N150,000.00 being proceeds from the sale of the motorcycles in PW1 's shop. The trio followed PW1 to the address because they had waited in the shop for too long for him to come for the proceeds. He (PW 1) directed them to return to the shop and wait for him. The trio left Abasi Obori Street through Mayne Avenue and, PW1 left through Uwanse. PW1 got to his shop before the three boys. He opened the shop and waited. When they eventu…

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