High Court of Justice, Delta State of Nigeria, sitting at Kwale, and presided over by Hon. Justice O F Enenmo, has sentenced one Olise Ashiwe (m) to 10 years imprisonment with hard labour or to pay a fine of N10,000.
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 (N40,000) while armed with a gun.
On Count 2, 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 to a 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 illegally possessing 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 allocated by counsel to the defendant, the court sentenced him to 1-year imprisonment with hard labour or to pay a fine of N10,000.00.
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