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ISMAILA
V.
THE STATE

(2024) JELR 113244 (SC)

Supreme Court 13 Dec 2024 Nigeria
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- The appellant was jointly tried with two co-accused for conspiracy and armed robbery under Sections 1(2)(a) & (b) of the Robbery and Firearms (Special Provisions) Act, based on allegations that they, while armed, robbed PW1 and attempted

Case Details

Suit Number:SC/66/2017
Judges:JOHN INYANG OKORO, JSC lBRAHIM MOHAMIVIED MUSA SAULAWA, JSC JUMMAI HANNATU SANKEY, JSC MOORE ASEIMO ABRAHAM ADUMEIN, JSC ABUBAKAR SADIQ UMAR, JSC
Counsel:OLUSOLA OKE, ESQ., with him, OLUWASEYI BAMIGBOYE, ESQ., for the Appellant. ADETUNJI OSO, ESQ., with him, UMAR ABDULHAMEED, ESQ., for the Respondent.

JUMMAI HANNATU SANKEY, JSC (Delivering the Leading Judgement): This appeal is against the decision of the Court of Appeal lbadan Division delivered on 10-06-2016, wherein the Court below affirmed the conviction and sentence of the Appellant. 

A succinct narration of the facts culminating in the Appeal are that the Appellant, alongside two other co-accused persons, were jointly charged and stood trial for the offences of Conspiracy and Armed Robbery contrary to Sections 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act. It was alleged that the Appellant and the co-accused persons had on 15-03-2006, while armed with a gun, attacked one Miss Tomori Oshoko, PW1, who was on her way to the market to buy fish, made away with the sum of N9,000 (Nine Thousand Naira) only and fled from the scene of crime on their motorcycle. PW2, who happened upon the scene shortly thereafter and after hearing from PW1, chased down the Appellant and the other accused persons in his car. He eve…

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