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(2022) JELR 109951 (CA)

Court of Appeal  •  CA/IB/413C/2018  •  25 Mar 2022  •  Nigeria

Folasade Ayodeji Ojo JCA Muhammad Ibrahim Sirajo JCA Abba Bello Mohammed JCA


ABBA BELLO MOHAMMED, J.C.A. (Delivering the Leading Judgment): As the third defendant, the Appellant herein was arraigned with three others, Odesina Femi, Dimeji Bamgbose and Dele Olonade, before the High Court of Ogun State (the trial Court) on a three count charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property, contrary to Sections 1(2)(a) and 5 of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004. Upon a plea of not guilty by the Appellant and his co-defendants, the Prosecution called seven witnesses and tendered several exhibits. The Appellant and his co-defendants testified in their own defence. In its judgment delivered on the 28th of June, 2018, the trial Court found the Appellant guilty of the offences of conspiracy to commit armed robbery and armed robbery, with which he was charged and sentenced the Appellant to death by hanging. The judgment of the trial Court is at pages 187 – 198 of the…

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