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PRINCE JOSHUA PAULSON V. THE STATE

(2011) JELR 49074 (CA)

Court of Appeal  •  CA/B/155C/2010  •  13 Jul 2011  •  Nigeria

Coram
AMIRU SANUSI JCA; GEORGE OLADEINDE SHOREMI JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice sitting at Effurun Delta State of Nigeria, delivered on 16/2/2010 wherein the trial judge after full trial pronounced a sentence of life imprisonment on the appellant.

The appellant being dissatisfied with his conviction and sentence on 28/4/2010 filed his notice of appeal with 8 grounds which are reproduced as follows. For reasons I will revert to later Ground 1 shall be with all particulars. It reads:

GROUND 1 The Learned Trial Judge erred in law by trying the appellant for Conspiracy and Armed Robbery contrary to S. 1(2) (a) of the Armed Robbery and Firearms (Special Provisions) Cap 48 Laws of Bendel State applicable to Delta State. Whereas there is no existing law known and called Armed Robbery and Firearms (Special Provisions) Cap 48 Laws of Bendel State 1976 applicable to Delta State by virtue of S.4(2)(3)(4). Second Schedule Part 1 item 2, Part…

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