Chibueze Njimogu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

Appellant was the 1st accused person in an information filed at the High Court of Abia State in Charge No. HU/53C/2011, presided over by Hon. Justice A.O.K. Ogwe. The learned trial Judge, after hearing the case and considering the evidence and addresses of Counsel, delivered judgment on 20/11/2013, convicted the Appellant for armed robbery and sentenced him to death by hanging on the neck until he be dead. The Court discharged the 2nd Accused person ? MR. OGBONNA UME.

Appellant (with another person), was charged for the following offence:

Count 1:

?ARMED ROBBERY, contrary to Section 1 (2) (a) of the Robbery and Fire Arms (Special Provisions) Act, Cap R 11, Vol. 14, Laws of the Federal Republic of Nigeria, 2004, as applicable in Abia State.

Particulars of Offence:

Chibueze Njimogu, Ogbonna Ume, on the 6th day of April, 2011 at No. 36 Agbama Housing Estate, in the Umuahia Judicial Division, while armed with gun and matchet, robbed the household of Mrs. James Ifeakanwa of money and many valuable properties.

Count 2:

Armed

1

Robbery, contrary to Section 1 (2) (a) of the Robbery and Fire Arms (Special Provision) Act, Cap R11, Vol. 14, laws of the Federal Republic of Nigeria, 2004, as applicable in Abia State.

Particulars of Offence:

Chibueze Njimogu, Ogbonna Ume, on the 6th day of April, 2011 at Plot No. UM/382/A.O. Agbama Housing Estate, Umuahia, in the Umuahia Judicial Division, while armed with gun and matchet robbed Grace Martains of many valuable properties.? See page 3 of the Records of Appeal).

Appellant and the other accused were arraigned on 30/11/2011 and they pleaded, individually, ?Not Guilty? to the charge. (See page 43 of the Records of Appeal).