Customer Support

EMEKA
V.
STATE

(2013) JELR 35826 (CA)

Court of Appeal 12 Jun 2013 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant was convicted of armed robbery and sentenced to death by hanging. - The appellant filed an appeal seeking his discharge and acquittal. - The prosecution's case was based on the testimony of the victim, PW1, who claimed that

Case Details

Suit Number:CA/B/370C/2010
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Counsel:EMMANUEL O. ACHUKWU ESQ. For Appellant P.E. AZIEGBEMHIN (MRS) Asst. Director, Ministry of Justice For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant by his Lordship the Hon. Justice J. Aigbuloko Oyakhirome J. sitting at High Court Benin City on the 23rd day of April, 2010 in charge No. B/2C/2008, for the offence of Armed Robbery. Being dissatisfied with his sentence and conviction, the appellant who was the only accused person during the trial of the charge at the High Court on the 6th day of September, 2010 filed an appeal seeking his discharge and acquittal.

The facts which led to this appeal are as follows:

The case of the prosecution is that PW1, one Mill Ada Mokobia testified that she lives and sells cooked food at No.34 Zabayo Street Benin City and that she has a motorcycle rider who buys meat for her every morning for her commercial cooking business and that whenever the bike man comes she gives him N1,500.00 for purchase of meat.

That on the 30th day of June 2006 at about 5.55 a.m. she was inside h…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.