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EMEKA
V.
THE STATE

(2011) JELR 40729 (CA)

Court of Appeal 13 Jul 2011 Nigeria
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Case Details

Suit Number:CA/C/38/2010
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
Counsel:F. A. ONUZULIKE, ESQ. For Appellant EKPENONG NTEKIM, ESQ. For Respondent

JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): The appellant was arraigned before the High court of Akwa Ibom state presided over by Hon. Justice Godwin J. Abraham on a two count charge involving allegations of armed robbery and stealing. The appellant who hails from Anambra state, was a Youth Corper posted to Akwa Ibom State. Some time in 2004 and was to complete his youth service in February, 2005 when he was arrested for his alleged participation in an armed robbery.

It is to be noted that in the course of the trial, the trial Judge who started the trial at Ikono in Ikot Ekpene Judicial division, was transferred to Uyo, the state capital. By the order of the Honourable Chief Judge of Akwa Ibom state the case was assigned to the trial Judge. The trial was therefore concluded at Uyo.

At the end of the trial the judgment was delivered in the matter on the 23rd of January, 2009. The accused was convicted as charged and sentenced to death by hanging. He has therefore file…

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