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EKANEM
V.
STATE

(2012) JELR 35153 (CA)

Court of Appeal 9 Jul 2012 Nigeria
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Suit Number:CA/C/205C/2010
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Counsel:Obong Iniabasi Udobong & Sifon Amoi (Mrs.) For Appellant Essien Udom & Samuel Akpabio For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): On the 4th day of May, 1999 the Honourable Attorney-General and Commissioner of Justice, Akwa Ibom State arraigned Usen Okon Ekanem (appellant) and Eteyen Okon Offiong before the Robbery and Firearms Special Tribunal sitting at Ikot Ekpene on two counts of armed robbery.

The arraignment under count one was under section 1(2)(a) and count two under Section 2(1) of the Robbery and Firearms (Special provisions) Act No.5 of 1984 Laws of the Federation of Nigeria, 1990.

In count one the prosecution alleged that on 16th day of October, 1994 the suspects, armed with offensive weapons to wit, a locally made pistol, entered into the house of one Ekan Okon Ekanga (Pw1) at No.150 Inyang Utono Street, Ibiaku Offot Uyo, in Uyo Judicial Division and robbed him, carting away the following items (i) Video machine and video cassettes valued at N60, 000.00 (ii) Car radio and equalizer valued at N51,000.00 (iii) clothing valued at N10,000.00 (iv…

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