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ESE OWEBOR v. THE STATE

(2017) JELR 37410 (CA)

Court of Appeal  •  CA/B/412C/2013  •  5 Dec 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Delta State High Court, Effurun Judicial Division in Charge No. EHC/28C/2016 THE STATE V. ESE OWEBOR delivered on the 18th day of June, 2013 wherein the Appellant was convicted and sentenced to 20 years imprisonment on each of counts 1 i.e. (Conspiracy to commit Armed Robbery) and count 2 i.e. (Attempted Armed Robbery). The sentences on the two counts are to run concurrently.

Briefly, the facts of the case are that on 26/10/2010 the Accused/Appellant was arraigned before the Delta State High Court, Effurun on a three counts charge of (a) Conspiracy to commit armed robbery (b) Attempted armed robbery and (c) Illegal possession of firearms.

The charge was read over and explained to him and his plea was taken on 26/10/2010. In proving the charge against the Appellant, the prosecution called two witnesses. At the close of prosecutions case, the Accused/Appellant testified in his defence a…

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