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ADEKOYA
V.
THE STATE

(2010) JELR 33670 (CA)

Court of Appeal 23 Nov 2010 Nigeria
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- The appellant was convicted for conspiracy to commit armed robbery and armed robbery by the Ogun State High Court of Justice. - The victims of the robbery identified the appellant as one of the robbers. - The appellant's defense was that

Case Details

Suit Number:CA/I/75/09
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:Olakunle Agbebi For Appellant M. Osibajo State Counsel Ogun State Ministry of Justice For Respondent

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Ogun State High Court of Justice, Ijebu Ode Judicial Division, delivered by Hon. Justice N. I. Agbelu on 14th July, 2008. The Appellant was charged, arraigned and tried 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 Provision) Act Laws of the Federation of Nigeria,2004.

The brief facts of the case as presented by the prosecution witnesses are that on 11th of February, 2005 at about 2.00 p.m, two armed robbers attacked Mrs. Cecelia Olufunke Onanuga and her two daughters in their residence at 176, Luba Eruwon Road, Ijebu-Ode. During the robbery incident, a sum of N39,000,00, three Nokia handsets, a Sagem My X5 handset and a still photograph camera were stolen from them. Precisely three days after the incident, the Appellant was sighted at Oke-Aje market by P.W.4 one of the victims of t…

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