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ABIODUN ADEKOYA V. THE STATE

(2010) JELR 33670 (CA)

Court of Appeal  •  CA/I/75/09  •  23 Nov 2010  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Ogun State High Court of Justice, Ijebu Ode Judicial Division, delivered by Hon. Justice N. I. Agbelu on 14th July, 2008. The Appellant was charged, arraigned and tried 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 Provision) Act Laws of the Federation of Nigeria,2004.

The brief facts of the case as presented by the prosecution witnesses are that on 11th of February, 2005 at about 2.00 p.m, two armed robbers attacked Mrs. Cecelia Olufunke Onanuga and her two daughters in their residence at 176, Luba Eruwon Road, Ijebu-Ode. During the robbery incident, a sum of N39,000,00, three Nokia handsets, a Sagem My X5 handset and a still photograph camera were stolen from them. Precisely three days after the incident, the Appellant was sighted at Oke-Aje market by P.W.4 one of the victims of t…

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