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GABRIEL EDEDEY VS THE STATE

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GABRIEL EDEDEY VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 31829

In the Supreme Court of Nigeria

HOLDEN AT LAGOS

Thu Jan 20, 1972

Suit Number: SC 85/1971

CORAM


MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

JUSTICE CHARLES EFANGA ARCHIBONG JUDGE.

SOWEMIMO


PARTIES


GABRIEL EDEDEY APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The accused was charged with the offence of robbery, stealing, abuse of office and assault.


HELD


The Court held that the appeal succeeds with respect only to the conviction and sentence on count No. 5 of the Information and it fails with respect to the other counts on which the appellant was convicted. We quash the conviction of the appellant on count No. 5 and set aside his sentence on that count as well. We order that a verdict of acquittal and discharge on that count be entered for him. With respect to counts Nos. 6, 7, 8 and 9, the appeal fails and it is dismissed. The conviction on these counts and the sentences of the appellant thereon are affirmed.


ISSUES


1. Whether the learned trial Judge erred when he convicted the appellant on counts 5, 6, 7, 8 and 9 of the Information and sentenced him to various terms of imprisonment.


RATIONES DECIDENDI


CASES CITED


None.


STATUTES REFERRED TO


Criminal Code Cap. 30 (Laws of Eastern Nigeria, 1963)|


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