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JIDE ADELAJA V. THE STATE

(2020) JELR 110426 (CA)

Court of Appeal  •  CA/IB/70C/2019  •  26 Jun 2020  •  Nigeria

Coram
Jimi Olukayode Bada JCA Haruna Simon Tsammani JCA Folasade Ayodeji Ojo JCA

Appearances
MR. FRANCIS OGUNBOWALE with him, ANTHONY BANJO and MR. VALENTINE OGUNBOWALE For the Appellant; MR. A.M. ADEBAYO Chief State Counsel, Ministry of Justice, Ogun State For the Respondent.

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of High Court of Ogun State, Ijebu-Ode Judicial Division in charge No: HCJ/22C/2017 Between: THE STATE V. JIDE ADELAJA delivered on the 24th day of January, 2019 wherein the Appellant was found guilty 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 and he was consequently sentenced to death.

Briefly the facts of the case are that on 27/11/2015 at about 10.30pm, the Appellant and others now at large robbed the complainant PW2 of her 2080 Itel Phone and cash sum of N4,000.00. PW2 alerted her neighbour PW1 who in turn alerted others.

Members of the Community apprehended the Appellant while the others at large fled and escaped. A Pistol was found when the Appellant attempted to discard it at point of his arrest. The Appellant was asked to pick up…

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