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RUFUS
V.
STATE

(2014) JELR 39713 (CA)

Court of Appeal 31 Mar 2014 Nigeria
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- The appellant was initially arraigned before the Ekiti State High Court on a three-count charge of conspiracy, armed robbery, and willful damage to property arising from a failed robbery attempt at the residence of PW1 and PW4 on 29 Septe

Case Details

Suit Number:CA/EK/97/C/2013
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria
Counsel:R. O. Balogun Esq. with T. Onifade Esq.,I. K. Iyanda Esq. and T. O. Onifade Esq. For Appellant Dayo Apata Esq., Solicitor General, Ekiti State, with A. E. Arogundade Esq. Legal Officer,Miss O. J. Igboeli, Legal Officer and Miss Yomi Adesoji Legal Officer, all of Ministry of Justice, Ekiti State For Respondent

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Ekiti State High Court, Ado-Ekiti Judicial Division, delivered by Hon. Justice J.O. Adeyeye, J. on the 27th day of June, 2013. The said court is hereinafter referred to as the trial court.

At the said trial court, the appellant herein was the 1st accused person. The appellant and another accused person were arraigned on the 15th day of October, 2009 before the trial court on a three count charge of conspiracy, armed robbery and willful damage to property. On the said date, the charge was read and explained to him. He understood and pleaded not guilty thereto. (Pp. 33-34 of the record of appeal.) The three count charge is reproduced below:

"COUNT 1

That you Adebayo Rufus and Bamidele Rasheed on or about 29th day of September, 2008 at Otun-Ekiti within the jurisdiction of this Honourable court did conspire with one another to commit Armed Robbery and thereby committed an off…

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