OJO
V.
THE STATE

(2012) JELR 49333 (CA)    

Court of Appeal  ·  CA/EK/36C/2011 ·  5 Dec 2012 ·  Nigeria
CORAM
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
charge
accused person
reasonable doubt
exhibit a1
learned trial judge
trial court
conviction of the appellant
supreme court
evidence act
piece of evidence
police station
pw1
evidence of a single witness
offence of armed robbery
offensive weapon
senior legal officer
arraignment of the appellant
complete agreement
grounds of appeal
j.c.a
material time
record of appeal
act cap
charge read
ekiti state high court
evidence of identification
extant evidence act
former student of ondo state polytechnic
further evidence
general of police
kajubo v.
leading judgment
lower court
ministry of justice ekiti state
minutes of the proceedings
ondo state
record shows
registrar of the trial court
registry of the trial court
respective counsel
said cutlass
see gbadamosi v.
such person
time of the alleged robbery
trial of the accused persons
whole trial

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The Appellant, a former student of Ondo State Polytechnic (now Rufus Giwa Polytechnic), Owo in Ondo State was charged and tried for the offence of armed robbery punishable under Section 1(2) of the Robbery and Firearms (special Provisions) Act Cap. 398 LFN 1990, as amended. He was alleged to have, at Ogotun, robbed one Yemi Omolade (F) in the night of 12th July, 2003 of the sum of N22,000.00 and a bag containing clothes, baby shoe and some drugs all valued at N8, 400.00. At the time of the alleged robbery the Appellant was said to have been armed with a cutlass and to have infact inflicted cuts on the hand of the complainant, Yemi Omolade, who testified as PW1, with the said cutlass. The PW1 testified that the Appellant was initially masked and that when the mask fell off his face she was able to recognize him. The Appellant and the PW1, at the material time, were both members of one Church, that is: the Redeemed Christian Church of…

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