CORAM

PARTIES

ONYEDIKACHI OSUAGWU APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant and three other persons were arraigned at the High Court of Imo State, Ahiazu Mbaise Judicial Division, on information. They were charged with the offences of Conspiracy contrary to Section 516 of the Criminal Code Act, and Armed Robbery, contrary to Section 402 (2) (a) of the Criminal Code Act, Cap. 77, Laws of the Federation, 1990, as applicable to Imo State. The Appellant, Onyedikachi Osuagwu, with the co- accused persons were alleged to have conspired, armed with shot guns and robbed one Cosmas Azodiro of the sum of NI, 827, 000 (One Million Eight Hundred and Twenty Seven Thousand Naira) belonging to him. The Appellant and the co accused persons pleaded not guilty to the charge. At the end of the case of the Prosecution, counsel for the Appellant entered and relied on his No Case submission. The trial court overruled the said submission, convicted and proceeded to sentence him to death upon finding him guilty as charged. Dissatisfied with the outcome of his trial, the Appellant appealed to the Court of Appeal which affirmed the judgement of the trial court. Further dissatisfied, the Appellant have lodged the instant appeal.

HELD

Appeal Allowed.

ISSUES

Whether the Prosecution proved its case against the appellant as charged?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria, 1999

2. Criminal Code Act, Cap. 77, Laws of the Federation, 1990, as applicable to Imo State.

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