The Justice said the applicant’s appeal against the judgment of the Court of Appeal, Calabar delivered on Oct.28, 2014, was without merit.
Justice Kudirat Kekere-Ekun delivering the lead judgment held that the apex court was not disposed to setting aside the concurrent decisions of the trial and appellate courts.
She said the applicant’s appeal against the judgment of the Court of Appeal, Calabar delivered on Oct.28, 2014, was without merit.
“The appeal fails, and the decision of the lower court is hereby affirmed,’’ she said.
Kekong had challenged the decision of the Court of Appeal, Calabar made on Oct.28, 2014.
The appellate court had upheld the judgment delivered by Justice Ashu Ewah of the Cross River High Court, Obudu on Jan.8, 2014.
The appellant was in the judgment convicted of the offence of armed robbery and sentenced to death.
The convict at about 8: p.m. on Jan.19, 2013 attacked Mrs Perpetual Ubua on her way back home on a motorcycle.
The summary of the facts contained in the appellant’s brief of argument said that the victim was allegedly robbed of recharge cards valued at N128, 000.
Evidence advanced by prosecution witnesses also said Ubua was robbed of the sum of N285, 000 and two phones by three armed men on a motorcycle.
The appellant, however, denied knowledge of the incident, adding that he was simply arrested because he gave 30 pieces of (N100) denominations of GLO re-charge cards which he found on the ground to Promise Bassey.
The News Agency of Nigeria (NAN) reports that Bassey, who was jointly tried with Kekong regained freedom due to insufficient evidence to convict him.