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SUNDAY ABIODUN v. THE STATE

(2013) JELR 35950 (SC)

Supreme Court  •  SC.484/2011  •  12 Apr 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan in appeal No.CA/I/127/2010 delivered on 30th November, 2011 in which the court dismissed the appeal of appellant against the decision of the High court of Ogun State, Holden at Ijebu-Ode in charge No.HCJ/5c/2008 delivered on 23rd December, 2009 in which the court convicted and sentenced appellant on a two count charge of conspiracy to commit Armed Robbery and Armed Robbery contrary to section 6(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap R II Laws of the Federation of Nigeria, 2004.

The facts of the case include the following:

On the 7th day of May, 2007 at about 9:30p.m. PW1 who was the Managing Director of FAO Constant Petroleum at Ilese, Ijebu-Ode, Ogun State, closed for the day at the filing station and took the day's proceeds, the sum of N357,150.00 in his car along with one of his staff. While drivin…

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