Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108816 (CA)    

Court of Appeal  ·  CA/E/116C/2019 ·  10 Sep 2021 ·  Nigeria
Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA

Ratio Decidendi

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Enugu State High Court in Suit No. HOR/9C/2014, delivered on 15/6/2019 by Hon. Justice A.A. Nwobodo, wherein Appellant was convicted of armed robbery, and sentenced to death by hanging.

At the trial, Appellant, as accused person, was charged with offence of “Armed Robbery, contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provision) Act, Cap 11 Laws of the Federation of Nigeria, 2004”; that Appellant (and others at large) on or about the 12th day of November, 2012, at Agu Achi in the Oji-River Judicial Division, within the jurisdiction, while armed with gun, robbed one Ogochukwu Maduka of his Carter Motorcycle, without registration number, valued at N103,000 (One Hundred and Three Thousand Naira) only.

Appellant was arraigned, and he pleaded, Not Guilty, to the charge, on 10/10/2014. After hearing the case and considering the evidence and addresses of Counsel, the trial …

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