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STATE
V.
ABIODUN & ANOR

(2016) JELR 40817 (CA)

Court of Appeal 14 Dec 2016 Nigeria
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Case Details

Suit Number:CA/IL/C.53/15
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:Jimoh Adebimpe (Director of Public Prosecutions (DPP), Kwara State Ministry of Justice) with him, A. A. Daibu, Esq. (Assistant Chief State Counsel) and Mrs. Oluwalana Michael (State Counsel 1) For Appellant Dr. (Mrs.) M.A. Mustapha with, A. O, Orire, T. N. Alatise, Esq. and Ruth Ozegbe (Miss) holding the brief of Professor Wahab Egbewole For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court presided over by M. Abdulm Gafar, J, delivered on 30th September, 2014, in which the trial Court discharged and acquitted the respondents as accused persons on the charges of conspiracy, unlawful possession of firearms and armed robbery.

The background facts are that the respondents were arraigned before the trial Court on a three count charge of conspiracy, armed robbery and illegal possession of firearms contrary to Sections 6(6) and 1(2) of the Robbery and Firearms Act, 2004. The respondents were alleged to have robbed the PW3, Mayodele Merayesa of his Toyota Camry (Muscle) car among other valuables at gun point on or about the 5th day of May, 2013 along Fate Road, GRA Ilorin. At the trial, a gun allegedly used for the operation was tendered as Exhibit P1 and the respondents' extrajudicial statements were admitted in evidence without objection as Exhibits P2 a…

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