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THE STATE v. CHIMEZIE AFUNANYA

(2018) JELR 35482 (CA)

Court of Appeal  •  CA/E/533C/2013  •  22 Feb 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State delivered by Hon. Justice A.A. Nwaigwe on the 07/05/13 wherein the learned trial judge discharged and acquitted the Respondent.

The Respondent was arraigned before the High Court of Ebonyi State on 23/9/10 and charged with armed robbery contrary to Sections 2(a) (b) and 3 of the Robbery and Firearms (Special Provision) Act Cap. R 11 Vol. 14, Laws of the Federation of Nigeria, 2004.

The case of the prosecution at trial was that on 15/12/2008, along Water Works road, Abakaliki, the Respondent in company of two other unidentified persons robbed one Ameafula Chidiebere Peter of his Motorola handset valued at N15,000 and the sum of N1,000 making a total of N16,000 at gunpoint. The three assailants took to their heels and when the victim raised an alarm, the residents went after the armed robbers and succeeded in apprehending the Respondent.

In proof of …

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