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AGBOOLA
V.
STATE

(2013) JELR 35948 (SC)

Supreme Court 24 May 2013 Nigeria
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Case Details

Suit Number:SC.434/2011
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMED JSC
Counsel:Dr. Akin Onigbinde with Chief Yomi Aliyu, Richard Baiyeshea, Esq., Stewart David, Esq., Adedeji Adeyemi Esq., For the Appellant; J.K. Omotosho Esq., DDP, Ogun State with Adenigbagbe Adebowale Esq., SC, Oladoyinbo Olajumoke Esq., SC For the Respondent.

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on 20th June, 2011 wherein the conviction of the appellant by the trial High Court was affirmed.

The appellant had earlier been charged as follows:

"The accused is charged with one count of the offence of armed robbery in that on or about 26/04/2007 along Sagamu/Ijebu-Ode Expressway near Odogbolu junction in the Ijebu Ode Judicial Division while armed with a knife robbed one Sunday Cornelius of his Jincheng Motorcycle, two Nokia Phones and the sum of Four Thousand Naira, an offence contrary to Section 1(2)(a) of the Robbery and Fire Arms (Special Provisions) Act Cap R. 11, Laws of the Federation of Nigeria, 2004."

The accused, hereinafter referred to as appellant, upon arraignment pleaded not guilty to the charge and the prosecution proceeded to trial. The prosecution called four (4) witnesses while only the appellant testified in defen…

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