CASE TITLE: JOHN v. STATE (2020) LPELR-49635(CA)
JUDGMENT DATE: 18TH MAY, 2020
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGE: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on the Offences of Armed Robbery and Rape.
FACTS
This appeal is against the judgment of the High Court of Akwa Ibom State, sitting at Etinan Judicial Division delivered on 27th June 2016 wherein the appellant was convicted and sentenced to death by hanging on count one (Offence of Armed Robbery) and ten years imprisonment in count two (Offence of Rape).
The appellant and others at large were arraigned before the lower Court on two counts charge of armed robbery with offensive weapons and rape contrary to and punishable under Sections 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap R 11 Vol. 14 of the Laws of the Federation, 2004 and 367 of the Criminal Code Cap 38 Vol. 2 Laws of Akwa Ibom State 2000.
The trial commenced on 30th January 2013 in which the prosecution fielded 4 witnesses and tendered several exhibits. The appellant on his part testified in his defence and called two other witnesses. At the close of the case, both learned counsel addressed the Court. The learned trial judge thereafter delivered his judgment on 27th June 2016 whereupon he convicted and sentenced the appellant on both counts.
Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The appeal was determined on the following issues:
DECISION/HELD
The appeal was unanimously allowed, the appellant was discharged and acquitted.
RATIOS:
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