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AFOLABI
V.
STATE

(2016) JELR 48631 (CA)

Court of Appeal 27 May 2016 Nigeria
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- This is an appeal against a judgment of the High Court of Justice, Osun State. - The appellant was one of five accused persons charged with conspiracy to commit armed robbery and armed robbery. - The prosecution called six witnesses and t

Case Details

Suit Number:CA/AK/132CD/2013
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Counsel:I. V. Olaide For Appellant Fola Akinrujomu - Director of Commerce and Legal Drafting Osun State Ministry of Justice For Respondent

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I. O. Adeleke of the High Court of Justice, Osun State sitting at Ikirun delivered on 27th June, 2013. The Appellant was one of the five (5) accused persons arraigned before the High Court of Osun State at Ikirun for the offences of conspiracy, to commit Armed Robbery and Armed Robbery contrary to Section 6(B) and 1(2)(a) and (b) respectively of the Robbery and Firearms Act, Cap R11 Laws of the Federation of Nigeria 2004. The charges were read over and explained to the Appellant and the other accused persons. They pleaded not guilty to each count of the charge.

The prosecution called six (6) witnesses including the Investigating Police Officer and tendered the statements of the Appellant and the other accused persons. The Appellant and the other accused persons gave evidence in defence but called no witnesses.

The case of the prosecution is that on 13th March, 2006, a ga…

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