EKWENUYA
V.
STATE

(2018) JELR 38757 (CA)

Court of Appeal · CA/B/40C/2017 · 25 May 2018 · Nigeria

CORAM

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

pw1

accused person

trial court

circumstantial evidence

delta state

reasonable doubt

senior counsel

defence of alibi

lower court

sole issue

exhibit a

facebook account

friend focus

learned trial judge

offences of armed robbery

possession of the appellant

pw1s jeep

supreme court

totality of the evidence

decision of the trial court

evidence of eye witness

evidence of identification

following week

guilt of an accused person

high court of delta state

lagos state

leading judgment

learned counsel

moore a. a. adumein

mr. ekemejero owhovoriole

mr. o.f. enenmo

mudashiru n. oniyangi

notices of appeal

philomena m. ekpe

possession of an accused person

possession of pw1

possession of the stolen car

possession of the stolen jeep

said godwin

said payment

sentence of the court

single issue

trial judge

trial of the case

view of the evidence

MOORE A. A. ADUMEIN, JCA (DELIVERING THE LEADING JUDGMENT): The appellant and one Samuel Idoko were charged and tried in Charge No. O/19C/2014 for offences of armed robbery, receiving stolen property, kidnapping, demanding with menaces and stealing in the High Court of Delta State sitting at Ogwashi-Uku. The trial Court, after the trial of the case, delivered a reserved judgment on 07/12/2016 whereby the appellant was found guilty and sentenced as follows:

1. In each of counts i and vi, the sentence of the Court upon you is that you be hanged by the neck until you be dead. May God have mercy on your soul.

2. In each of counts iv and v, you are sentenced to 3 years and 7 years in the respective counts.

3. In each of counts iii and vii, you are sentenced to 15 years imprisonment on each of the counts.

Being dissatisfied with the decision of the trial Court, the appellant filed two notices of appeal one on 16/01/2017 and the other on 28/02/2017. The notice of appeal filed on 16/01/2017 was a…

EKWENUYA V. STATE

EKWENUYA
V.
STATE