Chinedu Emmanuel V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is against the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered on June 12, 2014 in charge No. HC/58c/2012. By the said judgment, the Court below, Coram F. Nnang Isoni, J., Convicted and sentenced to death the Appellant and two other persons in the offence of armed robbery, contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, CAP. R11, Volume 4, Laws of the Federation of Nigeria, 2004.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the record of appeal. On January 21, 2013, the Appellant and two other persons were arraigned before the Court below upon a one count charge (information), dated 20/7/2012:

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act, CAP. 398, Vol. 22, Laws of the Federation of NIGERIA …2004.

PARTICULARS OF OFFENCE

ABDULLAHI MOHAMMED, CHINEDU EMMANUEL and CHUKWUMA OKONKWO on the 28th day of March, 2012 along Calabar-Itu

1

highway, in Calabar Judicial Division, while armed with offensive weapons to wit: locally made pistols, matchet and iron rod robbed one Jelili Ogundipe of a mack Truck with registration number XB 363 LEH conveying ile materials valued at N55,000,000.00 and a cash sum of N68,000 and a cash sum of N68,000 (sic) and handsets.

AKWAJI IKONG OGBANG

Director of Public prosecutions for:

Attorney General and Commissioner for Justice.

See pages 3 and 22-23 of the Record of Appeal.