(2021) JELR 108910 (CA)    
Court of Appeal  ·  CA/IB/83C/2018 ·  30 Mar 2021 ·  Nigeria
Jimi Olukayode Bada Justice of the Court of Appeal Ugochukwu Anthony Ogakwu Justice of the Court of Appeal Folasade Ayodeji Ojo Justice of the Court of Appeal

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Ogun State (the lower Court) in SUIT NO. HCT/4R/2013: THE STATE v. OLAMILEKAN OGUNBOWALE, delivered on 19th December, 2017. The Appellant was tried and convicted on an information which preferred a one count charge of conspiracy to commit armed robbery and two counts of armed robbery, all punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

Upon the conviction of the Appellant at the end of the trial, the lower Court imposed the mandatory sentence of the death penalty. The judgment of the lower Court is at pages 37-50 of the Records of Appeal. Dissatisfied with the judgment, the Appellant appealed against the same. The original Notice of Appeal was filed on 9th February, 2018 (see pages 52-53 of the Records). However, the extant Notice of Appeal on which the appeal was argued i…

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