(2014) JELR 39809 (CA)    

Court of Appeal  ·  CA/L/881/08 ·  16 May 2014 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria YARGATA NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd appellants
learned trial judge
reasonable doubt
accused person
armed robbery
evidence of pw1
trial judge
2nd appellant
lower court
confessional statements
laws of lagos state
exhibit d
identification parade
ikeja judicial division
record of appeal
statement of offence
accused persons
credible evidence
investigating police officer
1st appellant
exhibit h
13th day of december
guilt of the appellants
samson emeka v.
supreme court
accused addressed court
appending of the signatures of appellants signature
direct interaction
e. see
evidence of the prosecution
extra-judicial statements of the appellant
f. see bozins v.
high court
leading judgment
mbanengen shade v.
proof of evidence
proofs of evidence
proposed witnesses statements
reasonable doubt of the guilt of the appellants
respective counsel
said exhibits d
section 403a of the criminal code
statement of offence 1st
sunday uluebeka v.
witness of the respondent

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellants against the judgment of Honourable Justice D. O. Oluwayemi of the Lagos High Court delivered on the 13th day of December, 2007 convicting and sentencing the Appellants to be hanged until they are dead [judgment which is at page 228 - 279 of the Record of Appeal). At the Court below, the Appellants were charged with Conspiracy to commit Armed Robbery and Armed Robbery (See page 3 of record of appeal):


Conspiracy to commit Armed Robbery contrary to Section 403A of the Criminal Code, Cap 32 Vol. 2 Laws of Lagos State, 1994.


Lekan Olaoye (m) and Ibrahim Kamila (m) on or about the 7th day of December, 2000 at Lagos, in the Ikeja Judicial Division conspired with others now at large to commit a felony to wit: Armed Robbery.


Armed Robbery Contrary to Section 402(2)(A) of the Criminal Code, Cap 32 Vol. 2 Laws of …

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