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JOHN
V.
STATE

(2019) JELR 76536 (SC)

Supreme Court 8 Mar 2019 Nigeria
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- The appellant was charged with armed robbery and pleaded not guilty. - The trial court convicted the appellant and sentenced him to death by hanging. - The appellant appealed to the Court of Appeal and has now appealed to the Supreme Cour

Case Details

Judges:OLABODE RHODES-VIVOUR, J.S.C. OLUKAYODE ARIWOOLA, J.S.C., JOHN INYANG OKORO, J.S.C., CHIMA CENTUS NWEZE, J.S.C. AMINA ADAMU AUGIE, J.S.C.
Counsel:Kekemeke, Esq. (with him, Maxwell Chukwujama) for the Appellant; G. D. Fwomyon, DPP, Plateau State (with him, G. E. Dashe, DDCR/LR and E. I. Angai, DDLD for the Respondent.
Other Citations:(2019) 9 NWLR (Pt. 1676) 160

NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Justice, Plateau State of Nigeria, the appellant, (as accused person), was charged with the offence of armed robbery contrary to, and punishable under section 1 of the Robbery and Firearms Act, Cap 398, Laws of the Federation of (2) Nigeria, 1990.

At the trial of the case, the appellant pleaded not guilty to the charge. The prosecution called three witnesses, PW1, PW2 and PW3. Exhibits 1, 2 and 3 were tendered. On his part, the appellant testified as the sole witness. He tendered two exhibits, exhibits 4 and 5.

Persuaded by the prosecution’s case, the trial court, on June 21, 2012, convicted the appellant as charged. The court sentenced him to death by hanging. Having lost his appeal at the Court of Appeal, Jos Division, he has, further, appealed to this court. He formulated five issues for the determination of his appeal by this court. On its part, the respondent condensed the issues to three. On my part, I take the …

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