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VICTOR NKEREUWEM EDET
V.
THE STATE

(2019) JELR 92006 (CA)

Court of Appeal 8 Mar 2019 Nigeria
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- The appellant and a co-accused were charged before the High Court of Akwa Ibom State for conspiracy and armed robbery, specifically for robbing Mrs. Esther Akaninyene while armed with a knife. - The prosecution relied on the evidence of t

Case Details

Suit Number:CA/C/266C/2016
Judges:OBANDE FESTUS OGBUINYA, Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR, Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU, Justice of The Court of Appeal of Nigeria
Counsel:Dr. Sam Eboh with him, G.B. Njar and A. IfehFor Appellant F. J. Itim (Asst. Director of Public Projection, Akwa Ibom State, MOJ)For Respondent

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): The Appellant and one Etimbuk Israel Okon were charged and tried before the High Court of Akwa Ibom State sitting at Uyo for robbing one Mrs. Esther Akaninyene while armed with dangerous weapons to wit knife.

At the trial, the Prosecution called two witnesses and tendered six exhibits including the Appellant's extra-judicial statements. The Appellant and his co-accused also testified in their defence and called one other witness who is the mother of the co-accused. At the conclusion of the trial, the Appellant and his co-accused were found guilty of conspiracy and armed robbery. They were accordingly sentenced to death.

Dissatisfied, the Appellant approached this Court through a notice of appeal filed on 29/01/2016 but deemed amended on 5/12/16. The said amended notice of appeal contains four grounds of appeal.

In accordance with the rules of this Court, briefs were filed and exchanged. Appellant formulated the following t…

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