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ABRAHAM ABIODUN v. THE STATE

(2016) JELR 41506 (CA)

Court of Appeal  •  CA/L/1248A/2014  •  9 Jun 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHINWE EUGENIA IYIZOBA JCA; TIJJANI ABUBAKAR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State by Hon. Justice M. Olokoba delivered on 30th day of August, 2012.

The facts as briefly stated are as follows:

By way of an amended Information dated 17th March, 2008, the Appellant (1st Accused) was charged along with two others on five counts of conspiracy to commit robbery and robbery contrary to Section 403A and Section 402 (1) of the Criminal Code Law, Cap C 17 Vol.2, Laws of Lagos State 2003. The Appellant together with the two accused pleaded "not guilty" and the matter proceeded to trial.

The Prosecution/Respondent called only one witness, one Corporal Sunday Ogbamebor and closed its case. Pw1/IPO testified as follows: that while he and his team were on patrol on 11th June, 2006 they noticed a suspicious commercial bus and decided to tail it. At about 11 pm around Fadeyi bus stop they noticed one of the passengers jumped off the bus unceremonious…

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