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OSEDEBE EZE V. THE STATE

(2025) JELR 114910 (SC)

Supreme Court  •  SC/CR/807/2021  •  24 Jan 2025  •  Nigeria

Coram
JOHN INYANG OKORO, J.S.C. ADAMU JAURO, J.S.C. JUMMAI HANNATU SANKEY, J.S.C. MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. ABUBAKAR SADIQ UMAR, J.S.C.

Appearances
C. P. Oguchienti, Esq. (with him, J. E. Malla, Esq.) for the Appellant. Prof. S. C. Ifemeje (Attorney-General, Anambra State (with him, C. C. Madukife, Esq. (Assistant Director, Anambra State Ministry of Justice) for the Respondent.

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. (Delivering the Leading Judgment): Three defendants were arraigned before the High Court of Anambra State, holden at Ihiala, whereby in an amended Information they were charged with the offence of armed robbery contrary to section 1(2) of the Robbery and Firearms (Special Provisions) Act, 2004. The appellant was the 3rd defendant in the trial court. At the conclusion of their trial, the learned trial Judge Hon. Justice R.O. Onunkwo, delivered a reserved judgment on the 6th day of November, 2017 wherein the appellant and one Ikenna Obi, who was the 2nd defendant, were convicted of the offence of armed robbery and sentenced to death by hanging or by firing squad. The appellant was not satisfied with the decision of the trial court and he lodged an appeal identified as Appeal No. CA/AW/62C/2018, which was unanimously dismissed by the lower court (coram: Nwosu-Iheme, JCA (now JSC), Akeju, JCA and Mahmoud, JCA) on the 16th day of March, 2021. This appea…

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