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ETIM
V.
THE STATE

(2020) JELR 114088 (CA)

Court of Appeal 28 Oct 2020 Nigeria
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Case Details

Suit Number:CA/C/195C/2018
Judges:MOJEED ADEKUNLE OWOADE, JCA HAMMA AKAWU BARKA, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Mr. G. O. Tamuno for Appellant. Mrs. Uduak Eyo Nsa, (Solicitor General Aks): for Respondent.
Location:Calabar

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State sitting at Uyo delivered on 26th of February, 2018 wherein the appellant was found guilty and sentenced to death by hanging and also to imprisonment for 10 years or to a fine of N20,000.00.

The appellant was arraigned before the lower court on two count charge of murder and illegal possession of Firearms contrary to sections 326(1) of the Criminal Code, Cap. 38, Vol. 2 Laws of Akwa Ibom State of Nigeria 2000 and section 3 of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Vol.14, Laws of the Federation of Nigeria, 2004.

The prosecution called two witnesses and tendered several exhibits marked A – B-B3, C, and D-D1 respectively.  The appellant testified in his defence and called no other witness.

At the end of the trial and in a reserved and considered judgment delivered on 25/2/2018, the appellant was convicted for murder and illegal possessi…

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