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ANIEHE
V.
STATE

(2021) JELR 109595 (CA)

Court of Appeal 21 Apr 2021 Nigeria
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Case Details

Suit Number:CA/E/81C/2018
Judges:Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA
Counsel:S.C.A.V. UMEHA, ESQ., WITH HIM, N.M. OGENE (MRS.) For the Appellant; CHIEF M.E. EZE, A.G. ENUGU STATE, (who settled the brief), with him, T.A. NGENE (Director), I.U. UMEOBIKA MRS. (P.L.O.) and S.U. MADU MRS. (CLO) For the Respondent.

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was convicted for offence of armed robbery and sentenced to death by the trial Court on 25/10/2017, in Charge No. A/8C/2014. The Court was presided by Hon. Justice N.N. Neboh of Enugu State High Court. At the trial Court, Appellant (as accused person) had pleaded not guilty to the one count charge of:

“Armed Robbery Contrary to Section 1(2) (a) of Armed Robbery and Firearms (Special Provisions) Act R11 Laws of the Federation of Nigeria, 2004

PARTICULARS OF OFFENCE

Ikechukwu Aniehe and others at large on or about the 18th day of December, 2013, along Umulokpa Road in Ezeaju L.G.A, Enugu Judicial Division, while armed with gun, did rob Patrick Okoh of N50,000 cash and Itel handset.”

After hearing the case and considering the evidence and addresses of counsel, the trial Judge found the Appellant guilty as charged. He said:

“In the instant case, no objection was raised at all, when the prosecution sought to tender the statem…

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