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SUNDAY OSHIM v. THE STATE

(2014) JELR 36578 (CA)

Court of Appeal  •  CA/C/308C/2013  •  27 May 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Cross River State High Court, Ogoja Judicial Division delivered on 20th January, 2012 in which the Appellant was convicted of the offence of armed robbery and sentenced to death.

The facts leading to this appeal, in summary, are as follows: The Appellant is alleged to have, on 27th July, 2008, while masked and armed with a locally made revolver pistol, .9mm live ammunition; a knife; and, an axe, robbed one Peter Okpini of Hilary Pharmacy Store of a Nokia telephone handset. The Appellant is also alleged to have used the axe to inflict severe bodily injuries on two of the occupants of Hilary pharmacy before he was overpowered and arrested. He was subsequently charged and tried for the offence of armed robbery contrary to Sections 1(2)(a) and (c) of the Robbery and Firearms (Special Provisions) Act CAP R11, Laws of the Federation of Nigeria, 2004.

The Appellant denied the charge. …

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