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ZAKARIAH
V.
STATE

(2018) JELR 38940 (CA)

Court of Appeal 10 May 2018 Nigeria
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Case Details

Suit Number:CA/I/244C/2015
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:OLABISI OLUYEDUN-ALAMU ESQ. For Appellant O. A. SONOIKI CHIEF STATE COUNSEL MINISTRY OF JUSTICE OGUN STATE WITH B. M. POSU STATE COUNSEL For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court Abeokuta in Charge No. AB/9R/2013 delivered on the 9th day of June 2015 Coram O. O. Majekodunmi J. wherein the Appellant was convicted on a two count charge of Conspiracy to commit Armed Robbery and Armed Robbery Contrary to Section 6(b) and Punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, R.11 Laws of the Federation, 2004.

THE FACTS:

The case of the Prosecution is that on the 3rd day of November, 2011, PW1 closed her shop at about 11pm and was on her way home with her children, sibling, and co-worker when she met her younger brother PW2 on his way to buy fuel for their generator. She was about to enter her house when she saw the Appellant and one other pursuing her. They attacked her with a gun and a struggle ensued. PW1 shouted for help. Her brother PW2 who was on his way to buy fuel heard the shout and rushed back. A sc…

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