RUFUS
V.
STATE

(2014) JELR 39713 (CA)    

Court of Appeal  ·  CA/EK/97/C/2013 ·  31 Mar 2014 ·  Nigeria
CORAM
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
Core Terms Beta
appellant
accused persons
case
learned trial judge
prosecution
accused person
trial court
person
armed robbery
evidence of pw1
reasonable doubt
learned counsel
ekiti state
new charge
otun-ekiti
pieces of evidence
prosecution witnesses
evidence of prosecution witnesses
inter alia
scene of the crime
willful damage
count charge
ekiti state of nigeria
laws of ondo state
laws of the federation of nigeria
case of the respondent
evidence of the prosecution witnesses
firearms special provisions act
millennium car
withdrawal of the original charge
27th day of june
ado-ekiti
avoidance of doubt
case of respondent
count charge of conspiracy
criminal law
decision of the ekiti state high court
following morning
inspector-general of police
make belief
purpose of cross examination
reliable evidence
said court
said trial court
such alteration of addition
sufficient evidence
totality of evidence
vol. xxii laws of the federation of nigeria

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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