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AMUSA
V.
STATE

(2017) JELR 37566 (CA)

Court of Appeal 11 Jul 2017 Nigeria
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Case Details

Suit Number:CA/I/274C/2014
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:ADEBOYE A. SOBANJO, ESQ with him,BENEDICTA FABIYI (MRS.) For Appellant TEMITOPE ADEYEMI (MISS) STATE COUNSEL MINISTRY OF JUSTICE OGUN STATE For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogunsanya J. of Ogun State High Court sitting at Ijebu Ode in Charge No. HCJ/6C/2010 delivered on the 15th day of February, 2012 wherein the Appellant and his co-accused were convicted of the offences of conspiracy to commit armed robbery and armed robbery and sentenced to death by hanging.

THE FACTS:

The Appellant was jointly arraigned with one Jamiu Yinusa on a seven count charge of conspiracy and armed robbery, contrary to Section 6(b) and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004, details of which are as contained at pages 2-4 of the Record of Appeal. The facts as presented by the prosecution witnesses are that on 18/11/2007 at about 7.15p.m., PW1 and PW2 (Dr. Olukayode Adelaja and his wife, Mrs. Maria Adelaja respectively) were at home at their residence at Awolowo road, Odogbolu, watching the 7.0…

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