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TERUNGWA TSUMBA V. THE STATE

(2021) JELR 109437 (CA)

Court of Appeal  •  CA/MK/18C/2020  •  22 Sep 2021  •  Nigeria

Coram
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of Benue State sitting in Makurdi delivered on the 4th day of March, 2009 by Honourable Justice Tine Tur (of blessed memory) whereof the Appellant and one Terhile Achihi were convicted and sentenced to death for the offence of Conspiracy and Armed Robbery. Dissatisfied with the Judgment, the Appellant filed a Notice of Appeal dated 26th of September, 2018 predicated on Seven (7) Grounds of Appeal which are reproduced hereunder albeit without their respective particulars:-

“GROUNDS OF APPEAL:

GROUND ONE:

The Judgment of the trial Court is unreasonable, unwarranted and cannot be supported having regard to the evidence adduced.

GROUND TWO:

The learned trial Judge erred in law when he convicted and sentenced the Appellant (3rd Accused at the Trial) on the Ground that evidence of PW2 on having identified the 3rd Accused person to be the Appellant at identification parade at Ma…

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