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SEGUN ADEBIYI v. THE STATE

(2016) JELR 41898 (SC)

Supreme Court  •  SC.483/2013  •  29 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLABODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant in this appeal [as the accused person]; one Kwame Wisdom, and others at large, were arraigned at the High Court of Justice, Ogun State. The five counts of the charges laid against them were for the offences of conspiracy to commit felony, to wit, armed robbery and armed robbery of Akeem Kutelu, Isikilu Jimoh and Felix Nchem. They pleaded not guilty.

In their spirited attempt to prove the offences as charged, the respondent called four witnesses. Only the appellant and Kwame Wisdom testified in their respective defences. In its judgment of April 2, 2009, the Court [hereinafter referred to as "the trial Court"] convicted and sentenced the appellant and Kwame Wisdom to death by hanging.

Their appeal to the Court of Appeal [hereinafter simply called "the Lower Court"] having been dismissed, the appellant approached this Court, via his Notice of Appeal, from which he distilled two issues for the resolution of his com…

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