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YUNUSA ADAMU & ORS. V. THE STATE

(1991) JELR 34489 (SC)

Supreme Court  •  SC.168/1990  •  7 Jun 1991  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; PHILLIP NNAEMEKA-AGU JSC;

Appearances
Chief Milton Paul Ohwovoriole (with him, P. A. Mrakpor, Esq.) For Appellant David Onyeike, Esq., Legal Officer, Ministry of Justice, Lagos State For Respondent

Judgement

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This is a case of robbery in which the appellants were convicted and sentenced to twenty-one years imprisonment on each of the two courts under S.3A(b) and S.1(1) Robbery and Firearms (Special Provisions) Decree 1970 for conspiracy to commit robbery and robbery respectively. The accused persons were originally six in number but one of them, Rowland Uche, died before trial and his name was struck off the list of the accused persons .

On 13th October, 1978, the victim of the robbery, Ishola Adisa Smith (P.W.3) was around Maryland about to negotiate a bend into Oworonshoki so as to go to his house at Amuwo Odofin. He was driving his saloon car of Datsun 180K make, registration number LAD 62 A. It was around 10 p.m. In front of him, virtually blocking his path, was a minibus, popularly known in Lagos as Danfo. Some men got out of the Danfo and forced open his car's door on his side and forced him with nozzle of a pistol threateni…

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