Joseph Sunday Ekpo V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME J.C.A. (Delivering the Leading Judgment)

This appeal emanates from the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered by Adie Attoe-Onyebueke, J. on the 26th of March, 2014 in which the Appellant was convicted of the offence of Armed Robbery and sentenced to death by hanging.

Aggrieved by that judgment the Appellant brought this appeal.

A summary of the case as presented at the trial Court was that the Appellant, Joseph Sunday Ekpo was charged before the High Court of Cross River State, Calabar Judicial Division on an information containing a count of Armed Robbery contrary to Section 1(2) (a) of the Robbery and Firearms (special Provisions) Act, Vol. 1, cap. R.II, Laws of the Federation of Nigeria, 2004.

on the 14th of April, 2008, the Appellant and one Papa were said to have robbed one Peter Archibong Jimmy of the sum of N2,100.00 and one telephone handset while armed with machete.

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The Appellant and Papa were said to have forcefully gained entry into Mr. Jimmy’s house to commit the offence. As they tried to escape, Mr. Jimmy held the Appellant while

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Papa escaped. Jimmy screamed for help which attracted some of his neighbours to the scene who helped him to apprehend the Appellant and handed him over to the police at the Federal Housing Police Station who subsequently transferred the case to the State Criminal Investigation Department (C.I.D.) Calabar for further investigation.

The Appellant was charged and the case went into trial.

In a considered judgment delivered on the 26th of March, 2014, the learned trial Judge convicted the Appellant of the offence of Armed Robbery and sentenced him to death. This appeal is predicated on that judgment.

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Four Grounds of Appeal were lodged in the Appellant’s Notice of Appeal, which without their particulars read:

”GROUND ONE: