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ABAYOMI ADEOTI KAYODE AGBOOLA V. THE STATE

(2008) JELR 52125 (CA)

Court of Appeal  •  CA/IL/C42/2007  •  7 Jul 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Judgment)

Appearances
J.S. Bamigboye Esq. - for the Appellants. -*- J.A. Mumuni Esq. D.P.P. Kwara State (with him, M.A. Oniye Esq. -*- (S.S.C.) - for the State. A

Judgement

AGUBE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Kwara State, per M.A. Akoja J. of the Omu-Aran Judicial Division delivered on 20 March 2006, wherein the accused persons who were standing trial for the offence of rape contrary to section 79 and punishable under section 283 of the Penal Code were convicted and sentenced to three years imprisonment with an option of fine of ₦5,000.00 (five thousand naira) each.

Dissatisfied with the judgment of the learned trial Judge, the convicts/appellants filed a whopping thirteen grounds of appeal, which can be found at pages 203 to 222 of the record of proceedings. When the transcript of the record of proceedings came to this honourable court, the two convicts/appellants by an application dated 31 July 2007 and filed on the same day sought the leave of court for the consolidation of the appellants’ respective notices of appeal; leave for the appellants to file a consolidated brief of …

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