CORAM

PAUL ADAMU GALINE

PARTIES

ONUWA KALU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

robbery contrary to Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap R 11, Vol. 14, Laws of the Federation of Nigeria, 2004, before the Owerri Judicial Division of the High Court of Imo State. The Appellant pleaded not guilty to the offence and trial commenced with the Prosecution calling three witnesses in proof of their case.  On his part, the Appellant also, called two witnesses. The parties exchanged briefs including a Reply brief, which was nonetheless, never adopted in answer to the points of law raised in the Respondent’s brief and the learned trial judge proceeded to deliver his judgement. The court found the accused persons guilty as charged; convicted and sentenced both of them to death by hanging. Aggrieved by the said decision, the Appellant filed an appeal before the Court of Appeal wherein he challenged the decision. The Court of Appeal dismissed the decision of the trial court and allowed the appeal. It ordered the case to be remitted to the Chief Judge of Imo State for re-assignment to another court; Aggrieved by the majority decision of the Court of appeal, the Appellant has filed an appeal before this Court.

HELD

Appeal Dismissed

ISSUES

?    Whether having regard to all the circumstances of the case the Court of Appeal was right when in its majority judgement it upheld the appeal of the appellant but ordered his re-retrial Instead of discharging and acquitting hint?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)Robbery and Firearms (Special Provisions) Act Cap R 11, Vol, 14, Laws of the Federation of Nigeria, 2004

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