Okechukwu Nwesi V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Esan J. of the High court of Justice, Oyo State holden at Ibadan in Ibadan Judicial Division in charge No. 1/46c/2004, THE STATE VS. OBINA JOHN, OBASI ONYEYE, OKECHUKWU NWESI (APPELLANT) delivered on the 9th of November, 2006. The Appellant and the two other accused persons in the court below were charge as follows:-

By information filed on the 28tn of July, 2004, seven (7) accused persons namely; 2

(1) Francis Oguegbu

(2) Ifeanyi Moujekwu

(3) Chukwudi Okeke

(4) Obina John

(5) Obasi Onyeye

(6) Okechukwu Nwesi

(7) Ngozi Okafor

Were charged with the following offences

COUNT 1 – STATEMENT OF OFFENCE

Conspiracy to commit felony to wit Armed Robbery contrary to section 5(b) and punishable under section 1(2) (a) of the robbery and fire arms (special provisions) Act cap. 398 Vol. XXII, Laws of the Federation of Nigeria, 1990 as amended.

PARTICULARS OF OFFENCE