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UZOMA EMETO v. THE STATE

(2018) LPELR-44990(CA)

In The Court of Appeal of Nigeria

On Thursday, the 12th day of July, 2018

CA/OW/263C/2012


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

UZOMA EMETO - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Armed Robbery.
FACTS:
This is an appeal against the decision of  U.D. Ogwuruike J. of the High Court of Imo State.
Appellant was charged along with three other persons with a single count of armed robbery, contrary to S.1 (2) (b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Vol. XXII of the Laws of the Federation of Nigeria, 1990, at the then Armed Robbery and Firearms Tribunal of Imo State. 
The case was later transferred to the regular High Court. In the course of trial, the then 1st accused person Ikechukwu Ezeji died and his name was struck out. Appellant became the 1st accused person.
At the close of trial, the learned trial Judge discharged and acquitted the other 2 accused persons, but convicted the Appellant. That was on 28/5/2012, in Charge No. HOW/ART/2/99.
Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issue it couched as follows:
"Was the trial Court right to convict and sentence the Appellant to death in the face of the evidence adduced, and considering the defence of alibi raised by Appellant, at the earliest opportunity?"

DECISION/HELD:
On the whole, the Court found merit in the appeal and accordingly allowed same. The Court set aside the decision of the High Court. The Court then entered a verdict of discharge and acquittal for the Appellant.


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