(2021) JELR 109215 (CA)    
Court of Appeal  ·  CA/IB/286c/2017 ·  30 Mar 2021 ·  Nigeria
Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ogun State, Coram Judice: Dipeolu, J. (later CJ) in CHARGE NO. AB/5R/2013: THE STATE v. BABATUNDE AFOLABI, delivered on 2nd April 2015. The Appellant was charged on an Information preferring two counts of conspiracy to commit armed robbery and armed robbery contrary to Section 6 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

​In proof of the offences charged, the Prosecution called two witnesses who adduced testimonial and documentary evidence. The Appellant testified in his defence and did not call any other witness. At the end of the trial, the lower Court convicted the Appellant as charged and sentenced him to death. The judgment of the lower Court is at pages 89-107 of the Records. The Appellant was dissatisfied with the judgment and appealed against the same …

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