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DAN SUNDAY UDOH v. THE STATE

(2009) JELR 33484 (CA)

Court of Appeal  •  CA/C/170/2008  •  26 Mar 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; NWALE S. NGWUTA JCA; MOJEED A. OWOADE JCA;

Judgement

KUMAI BAYANG AKAAHA, J.C.A (Delivering the Leading Judgment): On 2nd May, 2001, Mrs. Felicia Bassey, a Police Inspector, reported that about 0300hrs of the same date robbers broke into her house at No. 97 Ndidem Iso Road, Calabar and at gun point robbed her and her family members of sums of money and other valuables.

In the course of investigation the Police arrested some suspects including the appellant and three other people. At the close of the investigation three of the accused persons were charged with the offence of armed robbery including the appellant who was the 2nd accused, while one person was charged with receiving stolen property. The charge read as follows:-

STATEMENT OF OFFENCE

ARMED ROBBERY contrary to Section 1(2)(a) Robbery and Firearms (Special Provisions) Act Cap. 398, Vol. XXII Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

MICHAEL EFFIONG IKA, DAN SUNDAY UDOH, EKONG EKONG on the 2nd of May, 2001 at about 3.00a.m at No. 97 Ndidem Usang Iso, Calabar…

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