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OGUNYE
V.
THE STATE

(1999) JELR 43634 (SC)

Supreme Court 23 Apr 1999 Nigeria
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- The appellants were charged with conspiracy to commit armed robbery and armed robbery. - The prosecution presented evidence that the appellants, along with others, broke into a premises and stole stockfish. - The appellants pleaded not gu

Case Details

Suit Number:SC.47/1997
Judges:ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC ANTHONY IKECHUKWU IGUH JSC SAMSON ODEMWINGIE UWAIFO JSC EMMANUEL OLAYINKA AYOOLA JSC
Counsel:A. Olowoyeye, Esq. for the 1st-3rd Appellants; A. Akinrele, Esq. for the 4th-5th Appellants; N.N. Mofunanya (Mrs.) Director of Public Prosecution, Ministry of Justice, Lagos State For the Respondent.
Other Citations:Ogunye v. State (1999) 5 NWLR (Pt.604) 518 (1999) 4 S.C (Pt I) 30


A. I. IGUH, J.S.C (Delivering the Leading Judgment): The appellants, Pele Ogunye, Ayinde Liwo, Fabian Muoka , Kamsela Kilado and Mohammed Hassan along with two others were on the 1st day of March, 1984 jointly arraigned before the High Court of Lagos State, holden at Ikeja, charged in count one with the offence of conspiracy to commit armed robbery contrary to section 403 of the Criminal Code Law. Cap. 31. Laws of Lagos State, 1973 and in count two with armed robbery contrary to section 402 of the said Law.

The particulars of the offences charged are as follows:

1st Count

Particulars of offence

"(1). Pele Ogunye (m) (2), Ayinde Liwo (m) (3). Fibian Muoka (m) (4). Kamsela Kilado (m) (5). Mohammed Hassan (m) (6). Yerima Ibrahim (m) (7). Rashidi Asimi (m) on or about the 9th day of September, 1982 at Matori, Mushin, in the Ikeja Judicial Division, conspired together and with other persons unknown to commit armed robbery.."

2nd count

Particulars of offence

"(1). Pele Ogunye (m)(2), Ay…

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