court

Babatunji Wusu –

The Delta State High Court of Justice, presided over by Hon. Justice O F Enenmo, has sentenced one Olise Ashiwe (m) to ten years in jail with hard labor or a N10,000 fine.

The defendant was charged with armed robbery and illegal possession of guns, both of which are punished under sections 1(2)(a) and 3(1) of the Robbery and Firearm (Special Provision Act, Laws of the Federation of Nigeria, 2004 (as amended).

He was accused of robbing one Onwubolu Esther Chibueze female of her Tecno K8 Android phone valued at N40,000 on or about the 20th of June 2019 at Afiaze Road Kwale while armed with a rifle.

On Count 2, the Defendant was accused of having one cut-to-size gun in his possession without a valid license.

The defendant entered a not guilty plea to the two-count accusation, and the case was set for a hearing.

The prosecution called one witness and concluded its case, while the defendant testified in his defense of the charge without calling any witnesses.

In his testimony, the defendant disputed the charge.

Hon. Justice O.F. Enenmo, the trial judge, ruled that the prosecution failed to show the offence of Armed Robbery in Count 1 of the indictment against the defendant.

He did, however, rule that the prosecution proved the defendant’s illegal possession of guns beyond a reasonable doubt.

In Count 2 of the charge, he found the defendant guilty.

The court stated that based on the plea assigned to the defendant by counsel, the court sentenced him to one year in jail with hard labor or a fine of N10,000.00.

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