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LIWHU
V.
THE STATE

(2020) JELR 114085 (CA)

Court of Appeal 28 Oct 2020 Nigeria
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- The appellant was convicted and sentenced to death by the High Court of Cross River State for armed robbery under section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, based on allegations that he, while armed with

Case Details

Suit Number:CA/C/235C/2016
Judges:MOJEED ADEKUNLE OWOADE, JCA, HAMMA AKAWU BARKA, JCA, MUHAMMED LAWAL SHUAIBU, JCA
Counsel:I. M. Anana (HB of Dan. O. Kalo, Esq.) for Appellant. John U. Ogbam, Director, MOJ, CRS) for Respondent.
Location:Calabar

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): The appellant herein was arraigned before a High Court of Cross River State, sitting at Obudu Judicial Division, charged with Armed robbery punishable under section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap. R 11 Laws of the Federation of Nigeria, 2004 in that while armed with a locally made pistol, he robbed Mrs. Happiness Ikwegbu of two LG Phones Model 300 & 330 valued at N51,000.00, Recharge cards valued at N550,000.00 and a sum of N250,000.00 cash.

Appellant pleaded not guilty.  In order to prove its case the prosecution called four witnesses and tendered in Exhibit A, B, C, D, E and F.  The appellant testified in his defence and tendered Exhibits G, H, J and K but called no other witness.  At the end of the trial, learned counsel for the respective parties addressed the court.  In a reserved and considered judgment delivered on 3rd October, 2014, appellant was found guilty as charged an…

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