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SANI
V.
STATE

(2015) JELR 40531 (CA)

Court of Appeal 2 Jul 2015 Nigeria
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Suit Number:CA/B/249C/2012
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:Ayo Asala, Esq. (with Mrs. B. E. Onwuemele) For Appellant O. F. Enenmo, Esq., Deputy Director of Public Prosecutions, Ministry of Justice, Delta State (with Mrs. R. N. Emekpe, Senior State Counsel) For Respondent

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): On the 20th day of March, 2012, the Appellant herein was convicted by the High Court of Delta State on a charge of armed robbery and sentenced to death. This judgment is in respect of the Appeal lodged against the said decision of the lower court. The Notice of Appeal was filed on 11th June, 2012. The brief background facts, as can be gleaned from the records, disclose that on the night of 1st February, 2003, the Appellant, a herdsman, while armed with a dagger and cutlass was said to have entered the house of PW2 and robbed her of the sum of N4,350.00. After the Appellant left, the PW2 raised an alarm leading to the eventual apprehension of the Appellant by members of the vigilante group early the next morning. The PW2 duly identified the Appellant as the person who robbed her. There is concordance in the facts as presented by the Appellant except that the Appellant claims that he went to buy food from the PW2 but th…

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