EMETO
V.
STATE

(2018) JELR 38838 (CA)    

Court of Appeal  ·  CA/OW/263C/2012 ·  12 Jul 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
evidence
trial court
uzoma emeto
defence of alibi
1st accused
accused person
armed robbery
earliest opportunity
exhibits f f3
wall clock
brother dw2
records of appeal
offence of armed robbery
said statement
3rd accused persons
charge no.
course of trial
court ought
grounds of appeal
learned trial court
police ought
said offence
acquittal of an accused person
admissible evidence
alibi leads
appellants counsel
appellants statement
case of anatogu vs iweka iii
case of onuchukwu vs state
chief state counsel
close of trial
court of appeal
exhibits a
fact of the appellants detention
failure of the police
firearms tribunal of imo state
leave of this court
ors vs anyadiegwu
person ikechukwu ezeji
peter vs state
promise m
regular high court
said documents
said exhibits
said items
single count of armed robbery
stolen items
then 1st
vol. xxii of the laws of the federation

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was charged along with three other persons with a single count of armed robbery, contrary to S.1 (2) (b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Vol. XXII of the Laws of the Federation of Nigeria, 1990, at the then Armed Robbery and Firearms Tribunal of Imo State. The case was later transferred to the regular High Court presided over by U.D. Ogwuruike J. In the course of trial, the then 1st accused person Ikechukwu Ezeji died and his name was struck out. Appellant became the 1st accused person.

At the close of trial, the learned trial Court discharged and acquitted the other 2 accused persons, but convicted the Appellant. That was on 28/5/2012, in Charge No. HOW/ART/2/99.

Appellant obtained the leave of this Court (Court of Appeal) on 29/1/13 to file the Notice and grounds of Appeal, which he did on 14/2/13. In the Notice of Appeal, Appellant disclosed 6 grounds of Appeal, including the omnibus …

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