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OKODUWA & ORS
V.
THE STATE

(1988) JELR 42766 (SC)

Supreme Court 29 Apr 1988 Nigeria
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- The case involves a group of appellants who were charged with robbery under the Robbery and Firearms (Special Provisions) Decree. - The trial judge found the appellants guilty and sentenced them to death. - The appellants appealed to the

Case Details

Suit Number:SC.5/1987
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:B.A. Olaogun (with him M.E. Osoata, B.A. Dawodu and J. I. Ojiako) For Appellant M. I. Edokpayi (Senior State Counsel, Bendel State) For Respondent
Other Citations:Okoduwa v. State (1988) NWLR (Pt.76) 333, (1988) 2 NWLR (Pt. 76) 333, (1988) JELR 71432 (SC)

A. NNAMANI, JSC (Delivering the Leading Judgment): This case was originally fixed for judgment on 10th March, 1988. On that date, it seemed to the Court that it was necessary to take further address by Counsel on the consequential order the Court ought to make in the event of the appeal being allowed.

Further argument was taken on 14th April, 1988. At the end of that argument, and having previously read the record of proceedings, the briefs filed by counsel as well as the earlier addresses of counsel, I allowed the appeal, set aside the judgments of the High Court and the Court of Appeal. I ordered that the Appellants be tried before another Judge of the High Court of Bendel State. I indicated that I would give my reasons for this judgment on 29th April, 1988. I now give my reasons.

In suit No. U/9C.81 at the High Court of Bendel State, UBIAJA Judicial Division, the Appellants, Sunday Okoduwa, Patience Aghamelo, Patrick Ogun, Anthony Ugboke, Augustine Oboh, Anthony Usman Gogo and Ken…

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