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ABIODUN
V.
STATE

(2013) JELR 35950 (SC)

Supreme Court 12 Apr 2013 Nigeria
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- This case is an appeal against the judgment of the Court of Appeal, which dismissed the appeal of the appellant against his conviction and sentencing for conspiracy to commit armed robbery and armed robbery. - The appellant was convicted

Case Details

Suit Number:SC.484/2011
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:B. Dambo Esq. (with him Mohammed Tukur Esq.) For Appellant J. K. Omotosho Esq. DDPP, OGUN (with him Olumuyiwa Ogunsawo Esq. ACSC, Ogun; Adebowale Adenigbagbe Esq. SC2 Olajumoke Oladuyinbo Esq. SC2, and E. Akpe Esq. SC2) For Respondent

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan in appeal No.CA/I/127/2010 delivered on 30th November, 2011 in which the court dismissed the appeal of appellant against the decision of the High court of Ogun State, Holden at Ijebu-Ode in charge No.HCJ/5c/2008 delivered on 23rd December, 2009 in which the court convicted and sentenced appellant on a two count charge of conspiracy to commit Armed Robbery and Armed Robbery contrary to section 6(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap R II Laws of the Federation of Nigeria, 2004.

The facts of the case include the following:

On the 7th day of May, 2007 at about 9:30p.m. PW1 who was the Managing Director of FAO Constant Petroleum at Ilese, Ijebu-Ode, Ogun State, closed for the day at the filing station and took the day's proceeds, the sum of N357,150.00 in his car along with one of his staff. While drivin…

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