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NJOVENS & ORS.
V.
THE STATE

(1973) JELR 45171 (SC)

Supreme Court 3 May 1973 Nigeria
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- The Supreme Court affirmed the convictions of the appellants for abetment of robbery (Penal Code s.85) and receiving stolen property (s.317), holding that the acts of abetment and receiving were triable under the Penal Code by application

Case Details

Suit Number:SC.7/1972
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams (c. Asika and O.A. O. Williams with him) for the 1st and 4th appellants.R.O.A. Akinjide (F. Jibowu, A. Akinjide and B. Akinleye with him) for the 2nd and 3rd appellants. For Appellant A.A.M. Ekundayo, D.P.P., Kwara State (S.B.A. Laro, State Counsel,with him) for the respondent. For Respondent
Other Citations:(1973) All N.L.R 371 Njovens v. State (1973) 5 S.C. 12

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The four appellants were respectively the 1st, 2nd, 3rd and 4th accused persons tried together by Adesiyun, J. in the High Court, Ilorin in the Kwara State. The Charge Sheet on which they were tried contains a total of nine counts and reads as follows

Count 1

"That on or about the 13th day of April, 1971 at a place between Ilorin and Bacita in the Kwara Judicial Division one Felix Dumeh and three others committed the offence of robbery, and that you, Patrick Njovens, Y.L. Bellow, Alhaji Amusa Abidogun and Chief Samuel Taiwo Oredein sometime in April, 1971 at Ibadan having previous knowledge of the plan to commit the said offence abetted the said Felix Dumeh and others in the commission of the said offence by intentionally aiding, encouraging and instigating the commission of the said offence by agreeing with Felix Dumeh and others and promising on oath to conceal the said offence when committed and by taking no action to preven…

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