Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OBI
V.
STATE

(2021) JELR 108860 (CA)    

Court of Appeal  ·  CA/AW/62C/2018 ·  16 Mar 2021 ·  Nigeria
CORAM
Chioma Egondu Nwosu-Iheme JCA Isaiah Olufemi Akeju JCA Patricia Ajuma Mahmoud JCA

Ratio Decidendi

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this Criminal Appeal was arraigned with two others before the High Court of Anambra State Ihiala Division, presided over by R. O. Onunkwo, J, on an information of a one count charge of Armed Robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation 2004.

In his Judgment delivered on the 6th of November, 2017 the learned trial Judge convicted the Appellant with one Osadebe Eze on the one count charge of Armed Robbery and sentenced the Appellant and the other co-accused to death. This appeal is predicated on the said Judgment.

SUMMARY OF RELEVANT FACTS:

​The case as presented by the prosecution at the trial Court was that the Appellant on the 2nd day of February, 2009 at about 7.30 am, one Chinenye Ogujiuba (PW1) was on her way to the market, the Appellant and two others who were charged with him accosted her, the three were on a Motorcycle. …

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