Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

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mr. ekemejero owhovoriole
mr. o.f. enenmo
mudashiru n. oniyangi
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philomena m. ekpe
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said godwin
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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…

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