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JOSEPH ZHIYA v. THE PEOPLE OF LAGOS STATE

(2016) JELR 2346 (CA)

Court of Appeal  •  CA/L/618c/2015  •  27 Apr 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Leading Judgment): This appeal challenges the judgment of the High Court of Lagos State delivered by HON. JUSTICE D.O OLUWAYEMI on the 10th day of April 2013 wherein the Appellant and one other accused person were convicted for the offence of conspiracy to rob and robbery and consequently sentenced to 14 years imprisonment on each of the two counts but to run concurrently.

Three accused persons to wit Emmanuel Akor (now deceased), Joseph Zhiya (Appellant) and Paul Enenche were arraigned before the trial Court on the 29-3-2010 on a three count charge to which they pleaded not guilty. In the course of the trial, the 1st accused person Emmanuel Akor died and this resulted in the amendment of the charge which was then reduced to two counts and the Appellant became the 1st accused person. The said amended two counts charge is dated 24-6-2013 and the accused persons took a fresh plea before the trial continued.

The facts of the case as per the pr…

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