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FASILAT ADEPOJU V. THE STATE

(2018) JELR 39223 (SC)

Supreme Court  •  SC.484/2014  •  20 Apr 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Appearances
C.V.C. Ihekweazu, Esq. with him, Victor Abasiakan-Ekim, Esq., Bolanle Komolafe, Solomon Inyang, Esq. and Rita Ekanem, Esq. For Appellant T.K. Shitta-Bey, Esq. (DPP Lagos State) with him, Justin Jacob, Esq. (PSC M.O.J. Lagos State), E.R. Agu, Esq. (CSC M.O.J. Lagos State) and B. Akinsefe, Esq. (SSC M.O.J. Lagos State) For Respondent

Judgement
<p><strong>EJEMBI EKO, JSC (Delivering the Leading Judgment): </strong>The Appellant was tried at, and convicted by, the Lagos State High Court (coram: O.A. Williams, J) on a two count charge alleging conspiracy to commit robbery and robbery contrary respectively to Sections 403(a) and 402(1) of the Criminal Code Law, Cap C.17 vol. 2 Laws of Lagos State, 2003. She was jointly tried for the two offences with one Kazeem Raimi, her boyfriend. They were convicted for the said two offences. The Appellant&#x27;s appeal was dismissed by the Court of Appeal (the lower Court); hence, this further appeal.</p><p>Etiosa Osigbo-Esere, the alleged victim of the robbery, testified as PW1. She had known the Appellant intimately for a while. The Appellant lived with one Linda Ofili who lived as PW1&#x27;s tenant in the Boys Quarters of the same apartment. The Appellant was Linda Ofili&#x27;s house help or nanny. Most times the PW1 invited the Appellant to her living room in the main building where they watched television together. The PW1 cla…</p>

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