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BABATUNDE
V.
STATE

(2016) JELR 41495 (CA)

Court of Appeal 13 May 2016 Nigeria
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- The Appellant was charged before the Osun State High Court with conspiracy, armed robbery, and unlawful possession of firearms under the Robbery and Firearms (Special Provisions) Act, Cap R11 LFN 2004, and was convicted on the first two c

Case Details

Suit Number:CA/AK/71C/2014
Judges:SOTONYE DENTON-WEST 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:T. S. ADEGBOYEGA, ESQ. (WITH, AJIBOLA WONDER (MISS) ESQ.AND H. NGUTSWEN, ESQ.) For Appellant DAPO ADENIJI (DPP, OSUN STATE) WITH O. F. AKINTAN, ESQ.(SSC) AND O. CHURCHILL, ESQ. (S.C.) For Respondent

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Osun State High Court of justice sitting at Ikirun Judicial Division delivered on 11th day of July 2013. The Appellant was arraigned before the Court on a three count charge of conspiracy, armed robbery and unlawful possession of firearms with others at large under the Robbery and Firearms (Special Provisions) Act, CAP R11, Laws of the Federation of Nigeria, 2004. The charge read thus:

1. Conspiracy contrary to Section 6(b) and punishable under Section 1(1) and (2) of the Robbery and Firearms (Special Provisions) Act, CAP R11, Laws of the Federation of Nigeria 2004.

2. Armed Robbery contrary to and punishable under Section 1(1) and 2(a) of the Robbery and Firearms (Special Provisions) Act, CAP R11 Laws of the Federation of Nigeria, 2004.

3. Illegal possession of firearms and contrary to and punishable under Section 3(1) of the Robbery and Firearms (Special Provisions) Act, CAP R11, La…

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