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CaseLaw
The Appellant herein along with two other accused persons were arraigned before the Imo State High Court, on the 16th February, 2005 on a two counts charge of conspiracy to commit armed robbery and armed robbery under Sections 5(b) & 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 1990.
In order to prove its case, the prosecution called two witnesses and tendered in evidence the following documents:
These documents were admitted in evidence and marked Exhibits 1,2,3,6, and ID 1 respectively.
The Appellant called his brother, one Augustine Orisa as defence witness (DW1) and he also testified in his defence as DW2. IDI was now tendered through DW1 during cross examination and same was admitted and marked Exhibit 7. At the close of the parties respective cases learned counsel for both parties addressed the court. In a reserved and considered judgment which was delivered on the 14th day of March 2013, Opara J. found the Appellant and his co-accused guilty of the offence of armed robbery and sentenced each of them to death by hanging.
The Appellant is dissatisfied with the judgment of the trial court. Being aggrieved, he appealed to the Court of Appeal (lower court). In a unanimous judgment of the lower court, delivered on the 13th March 2015, the Appellant's appeal was dismissed. The instant appeal is against the decision of the lower court.
Whether the prosecution proved its case beyond reasonable doubt as to warrant,...