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DANIEL OKON UTUK V. THE STATE

(2010) JELR 33697 (CA)

Court of Appeal  •  CA/C/46/2005  •  12 May 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKA'ILU JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Cross River State, Calabar Judicial Division presided over by Ita. J. The judgment in charge No HC/50c/2004 was delivered on the 25th October 2004.

The Appellant and "others now at large" were originally arraigned, on a two count charge of conspiracy to commit armed robbery contrary to 516 of the Criminal Code Cap 31 volume 2 Laws of Cross River State of Nigeria 1983 and armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms (special provision) Act Cap. 398 vol xx11 Laws of the Federal of Nigeria 1990 on 23/6/04. Appellant pleaded not guilty to each of the two counts on 28/6/2004.

On 2/8/04 on the application of the prosecuting counsel the trial Court struck out count 1 of the charge. The particulars in Court 11 were amended to read plot 130 and not 61 as stated in the original information. The amendment did not affect the "others now a…

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