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(2021) JELR 109391 (CA)

Court of Appeal  •  CA/AK/199C/2019  •  15 Jul 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA James Gambo Abundaga, JCA


JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This appeal represents the Appellant’s dissatisfaction with the judgment of Hon. Justice W. R. Olamide of the High Court of Ondo State, sitting at Akure in Suit No: AK/23C/2015 delivered on 10th March, 2017, in which the Appellant was convicted for armed robbery and sentenced to death by hanging. The Appellant was charged on an information which contained one count charge of armed robbery contrary to and punishable under Section 1 (2) (b) of the Robbery and Firearms Act, Cap R 11 Laws of the Federation of Nigeria, 2004.

The synopsis of the facts presented in this appeal is best captured in the statement of facts contained in the Respondent’s brief of argument which is that:

1. The case for the prosecution was that on the 10th day of September, 2014, the victim in this case, one Oyewole Olanrewaju of Idanre, Ondo State was robbed by the Appellant at about 1:20 am while he slept with his family. The Appellant forcefully enter…

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