Chief Judge of Delta State, Theresa Diai
By Onoriode Etatsemi, Asaba
High Court of Justice, Delta State of Nigeria sitting at kwale and presided over by Hon. Justice O. F. Enenmo has convicted and sentenced one Olise Ashiwe (m) to ten years imprisonment with hard labour or to pay a fine of ten thousand naira #10, 000.
The defendant was charged with a two count charge of armed robbery and illegal possession of Firearms punishable under section 1(2) (a) and section 3(1) of the Robbery and Firearm (special provision Act, laws of the federation of Nigeria 2004 (as amended).
He was alleged to have on or about the 20th day of June, 2019, at Afiaze Road, Kwale robbed one Onwubolu Esther Chibueze female, of her Tecno K8 Android phone valued (#40, 000) while armed with a gun.
On count 11, the Defendant was alleged to have in his possession one cut to size gun, without a valid licence.
The defendant pleaded not guilty to the two count charge, and the case proceeded for hearing. The prosecution fielded one witness and closed its case while the defendant gave evidence in his defence of the charge and did not call any witness(s). The defendant, in his evidence, denied the charge.
In his judgement, trial Judge, Hon. Justice O.F. Enenmo held that the prosecution failed to prove the offence of Armed Robbery in Count 1 of the charge against the defendant. However, he held that the prosecution proved the offence of illegal possession of firearms against the defendant beyond reasonable doubt. He found the defendant guilty in count 2 of the charge.
The court stated that in the light of the plea of allocutus by counsel to the defendant, the court decided to sentence him to 10 ( ten) years imprisonment with hard labour or to pay a fine of (#10, 000,00) Ten thousand naira.
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