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EMEKA
V.
STATE

(2014) JELR 36650 (SC)

Supreme Court 6 Jun 2014 Nigeria
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- The appellant, a member of the National Youth Service Scheme, was charged and convicted of armed robbery under Section 1(2)(G) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 LFN 1990, following the theft of a vehicle and o

Case Details

Suit Number:SC.347/2011
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Counsel:F. A. Onwuzulike, Esq. For Appellant Essien E. Udom, Esq. For Respondent

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the court of appeal, Calabar Division delivered on the 13th day of July, 2011, affirming the conviction and sentence of the trial court presided over by HON. JUSTICE GODWIN J. ABRAHAM of Uyo High Court who sentenced the appellant herein to death, for the offence of armed robbery.

The appellant's appeal to the court of appeal was not successful hence he has now further appealed to this court. In the brief of the appellant and pursuant to the rules of this court, the following four issues are posed for determination:

"3.01. Whether the lower court did not fail in its legal duty to consider and resolve all the issues placed before it particularly issues No. 3 and 4 in the appellant's brief of argument -

3.02. Whether by failing to consider all the issues placed before it the lower court did not breach the constitutional right of the appellant to fair hearing.

3.03 Whether the decision of t…

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