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ONYENYE
V.
THE STATE

(2012) JELR 48714 (SC)

Supreme Court 1 Jun 2012 Nigeria
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- The appellant was charged with conspiracy, armed robbery, and sheltering an armed robber. - The trial court convicted and sentenced the appellant on counts 1, 2, 3, 4, and 6. - The appellant filed an appeal to the Court of Appeal, which w

Case Details

Suit Number:SC.306/2010
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Counsel:Kolawole Esan For Appellant M. O. Adebayo, Attorney General Oyo State, with him: L.A. Ganiyi, Director Legal Drafting For Respondent
Other Citations:(2012) 15 NWLR (Pt. 1324) 586, (2012) JELR 53813 (SC), (2012) JELR 72014 (SC)

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant was before the Oyo State High Court sitting in Ibadan originally charged with 6 (six) others with the offences of conspiracy contrary to section 5(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Vol. XXII, Laws of the Federation of Nigeria 1990 as Amended; Armed Robbery contrary to and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap.398 Volume XXII, Laws of the Federation of Nigeria, 1990 as Amended. Sheltering an Armed Robber contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (special Provisions) Act Cap 398 Vol. XXII, Laws of the Federation of Nigeria 1990 as Amended. 7 (Seven) counts in all but the appellant is related to only 1-6 of the Courts contained in the information.

For better clarity I shall re-cast the counts as they appeared in the Court of trial; viz:-

1. STA…

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