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VICTOR
V.
THE STATE

(2009) JELR 43158 (CA)

Court of Appeal 25 May 2009 Nigeria
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Suit Number:CA/C/163/2008
Judges:NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Counsel:N. E. Ene with Nkoyo Nya For Appellant For Respondent

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Justice Enefiok Udoh sitting at the High Court of Justice, Eket Judicial Division of Akwa Ibom State, in charge No. HEK/7C/2002 delivered on 27/7/2006.

The facts of this case are that the appellant Victor Essien Victor and three others were alleged to have broken into and entered No. 1 Bassey Ekanem Street Eket on the 22/6/2001 and robbed the residents thereat of their properties and money while armed with guns, matches and other offensive weapons. They also beat up the victims. The appellant and the other three co-accused persons were arrested and arraigned before the Court for the offence of armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, volume 22, Laws of the Federation of Nigeria, 1990. Four witnesses testified for the prosecution in support of the charge. The appellant testified on his own behalf and called no witness. A…

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