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UMUOWHERO V. STATE

(2022) JELR 110844 (CA)

Court of Appeal  •  CA/AS/83C/2019  •  22 Jun 2022  •  Nigeria

Coram
Misitura Omodere Bolaji-Yusuff JCA Joseph Eyo Ekanem JCA Abimbola Osarugue Obaseki-Adejumo JCA

Appearances
S. I. Dumbili, Esq, with him, O. M. Omoregie, Esq, for the Appellant; E. E. Erebe, Esq, (Assistant Director, Ministry of Justice, Delta State) for the Respondent.

Judgement
<p><strong><span style="background-color: transparent">JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): </span></strong><span style="background-color: transparent">The appellant was the 2nd accused person in an information numbered as HCZ/10C/2010 that was filed at the High Court of Delta, Ozoro Judicial Division (the trial Court). The information had three counts of conspiracy to commit armed robbery, armed robbery and illegal possession of firearms contrary to Sections 1 (2) (a), and 3 (1) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11 Vol. 14 of the Laws of the Federation of Nigeria, 2004. </span></p><p><span style="background-color: transparent">After trial and taking of addresses, the trial Court (coram Onojovwo, J.) on 16/5/2018 found the appellant not guilty of the counts of armed robbery and illegal possession of firearms and so it discharged and acquitted him on those counts. It however found him guilty of conspiracy to commit armed robbery (count 1) and sentenced him to death by hanging or by firing squad as the Governor might direct. </span></p><p> <span style="background-color: transparent">Aggrieved by the decision and the sentence, the appellant appealed to this Court …</span></p>

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