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EHIMIYEIN
V.
STATE

(2013) JELR 35824 (CA)

Court of Appeal 19 Apr 2013 Nigeria
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- The appellant is appealing against his conviction for armed robbery. - The appellant was convicted by the High Court and sentenced to death by hanging. - The appellant was charged with conspiracy to commit armed robbery and robbery. - The

Case Details

Suit Number:CA/B/154C/2007
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:EMMANUEL ACHUKWU with him JIDE OKONGWU For Appellant P.E. AZIEGBEMHIN DDPA Ministry of Justice, Edo State with MISS I.O. OKUNGBOWA For Respondent

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant by his Lordship M.I. Edokpaiyi J. (as he then was) sitting at High Court No. 3 Benin City on the 26th day of September 2005 in Charge No. B/48C/2000. The State V. Sunday Ehimiyein and Another for the offence of Armed Robbery.

The Appellant who was the 1st accused person in the charge. At the conclusion of the case the learned trial Judge delivered Judgment on the 26/09/2005 convicted the 1st and 2nd accused person as charged and sentenced them to death by hanging. Being dissatisfied with his sentence and conviction, the Appellant who was the 1st accused person during the trial of the charge in the High Court filed this appeal which is contained at page 152 of the records, seeking a discharge and acquittal.

The Appellant was arraigned as the 1st accused person in Charge No. B/48C/2000 along with the 2nd accused person at the High Court of Justice Edo State Holden at Benin…

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