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OHAERI
V.
STATE

(2018) JELR 39533 (CA)

Court of Appeal 9 Mar 2018 Nigeria
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Case Details

Suit Number:CA/E/331C/2015
Judges:TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:C.C. Okoro Esq. with him, I.C. Umeaku, Esq. For Appellant -- For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Enugu State High Court of Justice sitting in Enugu, Coram A. A. Nwobodo, J. delivered on the 22nd day of September, 2014 wherein the appellant who was charged with one other person named Callistus Eze was convicted and sentenced to death by hanging for the offence of Armed Robbery under Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act Cap R11, Laws of the Federation of Nigeria, 2004. The said Callistus Eze was the 1st accused person while the appellant was the 2nd accused person in the charge sheet. Both of them were convicted and sentenced to death by hanging.

At the trial Court, the appellant pleaded not guilty to the charge. Evidence was led by the prosecution in proof of the offence. The prosecution called two witnesses and tendered three exhibits. The appellant testified in his defence and called no witness. He was found guilty and convicted by the trial judge…

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