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ODIDIKA & ANOR
V.
THE STATE

(1977) JELR 42496 (SC)

Supreme Court 18 Feb 1977 Nigeria
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Case Details

Suit Number:SC.223/1975
Judges:DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Counsel:O. O. Jibowu Esq., (with him, Bola Akinyele Esq.) For Appellant S. O. Ekpe, Esq., acting Deputy Director of Public Prosecutions, Imo State For Respondent
Other Citations:ODIDIKA & ANOR v. THE STATE (1977) 2 S.C. (REPRINT) 11

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellants were the first and second accused persons amongst seven accused persons tried by a tribunal pursuant to the provisions of the Robbery and Firearms (Special Provisions) Decree 1970 No. 47 of 1970, as amended (hereafter referred to as the Decree") on charges of (1) robbing one Sylvanus Mbama of a motor vehicle whilst armed with offensive weapons and (2) wounding him at or immediately before the time of the robbery. The other five accused persons were acquitted and discharged but the appellants were convicted and sentenced to death on both counts under the provisions of the Decree. Each appealed against his conviction and sentence.

Learned counsel for the appellants having abandoned his original ground 2 and grounds 3 and 4 of his additional grounds of appeal, argued the following grounds-

"1. The Tribunal erred in law in not making a finding about the age of the 1st appellant although there was evidence that hi…

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