(2014) JELR 40129 (CA)    

Court of Appeal  ·  CA/I/159/2011 ·  5 Dec 2014 ·  Nigeria
Other Citations
Dung v. State (2015) 9 NWLR (Pt. 1465) 503
HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA DANIEL-KALIO Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
nwlr part
special provisions
reasonable doubt
trial judge
armed robbery
trial court
particulars of offence
police station
unlawful possession of firearms
act cap
confessional statement of the appellant
lower court
offence of unlawful possession of firearms
accused person
count charge
exhibit p.11
odogbolu junction
public place
alleged confessional statement
alleged confessional statements of the appellant
appellant sunday azogor
cases of nwaturyocha
counsel adebayo mutalubi ojo esq
deputy director public prosecution
escort of the alleged luxurious bus
evidence of the appellant cast doubts
exhibit p1
exhibits p11
finding of the learned trial judge
ijebu ode
important thing
laws of the federation
leading judgment
learned deputy director of public prosecutions
none of the persons
ogun state ministry of justice
police patrol team
respect of the said charges
statement of john abu
submission of the learned counsel of the appellant
u.s. supreme court
veracity of the confessional statement of the appellant

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a Criminal matter in which the appellant Sunday Azogor was convicted and sentenced for unlawful possession of firearms. At the trial in the lower court, the appellant initially faced a five count charge which was later amended to a six count charge. Count 1 was conspiracy to commit Armed Robbery contrary to Section 6(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R.11, Laws of the Federation 2004; Count 2 was for Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act; Count 3 was also for Armed Robbery; same for counts 4 and 5; count 6 was for unlawful possession of firearms contrary to section 2(3) of the Robbery and Firearms Act (Special Provisions Act).

The offences with which the appellant was charged were as stated in the particulars of offence in the Information filed against him and others at…

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