(2011) JELR 46071 (CA)    

Court of Appeal  ·  CA/J/213C/06 ·  5 Jul 2011 ·  Nigeria
KUDIRAT M.O. KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
armed robbery
lower court
learned counsel
trial court
case submission
garba v.
respective learned counsel
jurisdiction of this honorable court
laws of the federal
notice of appeal
offences of criminal conspiracy
statement of the appellant
such circumstances
1st count
accused persons
appellants brief
attempts of both learned counsel
cases of kwale v. state
content of the black bag emma okwuyi
count change
course of the journey
detailed account
enugu state
evidence of its sole witness
extra judicial statement of the appellant
finding of the lower court
gboko v.
high count of benue state
interpretation of the series of events
issue of need
judgment of the benue state high court
leading judgment
learned counsel mr. j
learned counsel mr. okutepa
learned counsel vera venda esq
mere presence
mere presence of an accused person
part of exhibit
part of the statement of an accused person
purpose of this point
s. okutepa
sufficient reason
unfavourable facts

ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, Makurdi in change no. MHC/239C/94 delivered on 23rd March, 2005. The Appellant was arraigned before the High Count of Benue State on a 2 count change to wit: -

1st count

That you, IFEANYICHUKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230 hours along Ugbokolo Local Government Area of Benue State within the jurisdiction of this Honorable Court agreed with three others (now at Large) and one other (now deceased) to do an illegal act to wit, commit armed robbery in a 911 Lorry with Registration No. XD 259 FGG which act was done in pursuance of the agreement and you thereby committed an offence punishable under section 5(6) of the Robbery and Firearm (Special Provision) Act Cap. 398 Firearm (Special Provision) Act Cap. 398 Laws of the Federal (Federation) of Nigeria 7990.

2nd Count

That you, IFEANYICHUKWU AKWUOBI on or about the 1st da…

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