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ENEKWACHI UKPO V. THE STATE

(2019) JELR 110776 (CA)

Court of Appeal  •  CA/B/497C/2014  •  21 Nov 2019  •  Nigeria

Coram
Helen Moronkeji Ogunwumiju Samuel Chukwudumebi Oseji Moore Aseimo Abraham Adumein

Appearances
Mrs. J.O. Ik-Mohekwu For the Appellant Peter Mrakpor (Attorney-General, Delta State) with him, O.F. Enenmo, C.O. Agbagwu, E.O. Aghoja, E.E. Erebe & E.F. Ukpom For the Respondent

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice J.E. IKEDE of the Delta State High Court delivered on Tuesday, the 3rd day of June, 2014. The Appellant being dissatisfied with the said Judgment filed a Notice and Grounds of Appeal on the 20th day of August, 2014. The Appellant had been arraigned before the lower Court on the 28th day of May, 2013 on a one count charge of Armed Robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R.11, Vol.14, Laws of the Federation of Nigeria, 2004.

The Complainant swore that on the 22nd day of August, 2012, she was robbed of her Acura Saloon Car with Registration No. FJ 241 LSR along the NPA Expressway in Effurun by the Appellant and others now at large. The robbed car was recovered from the Appellant at Lokoja. The Appellant, in his defence claimed to have purchased the car in Benin from one Joel or Jewell and paid the sum o…

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