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AGIM SUNDAY v. THE STATE

(2014) JELR 36175 (CA)

Court of Appeal  •  CA/C/53C/2013  •  4 Nov 2014  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH JUDE JELLA JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Appellant was charged along with two other co-accused Persons on an information with one count of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provision ) Act, Cap. 11, Laws of the Federation of Nigeria, 2004, before Hon Justice B.T. Ebuta, J. of the High Court of Cross River State, Ikom Judicial Division. The Appellant was the 1st accused person. The particulars of the offence charged read as follows:

Agim Sunday, Asu Abang and Chinedu Emeka on or about the 1st day of October, 2009 at Katabang Junction in Boki Local Government Area at about 1.00 am while armed with locally made gun, matchets and a dagger did rob Agbor Frank Ojong of the sum of N285,000.

The Appellant and the co-accused persons all pleaded not guilty to the charge. At the trial, the prosecution, now the Respondent, called two witnesses namely, Agbor Frank Ojong, the Complainant, who testified as PW1 and Sergeant Okpoka…

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