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(2021) JELR 109443 (CA)

Court of Appeal  •  CA/IL/50C/2020  •  29 Mar 2021  •  Nigeria

Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA


MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant herein and two other persons were arraigned before the High Court of Kwara State on an eight count charge of conspiracy to commit armed robbery, armed robbery and attempt to kill. The 3rd accused was discharged on a no case submission. The appellant was the 1st accused. The appellant pleaded not guilty to all the eight (8) counts charge. Six (6) witnesses testified for the prosecution. The appellant testified in his own defence and called no other witness. The Court below in its judgment delivered on 23/1/20 found the appellant and 2nd accused guilty of counts 1, 2, 3, 5 and 6. Each of the accused was sentenced to 5 years imprisonment on counts 1, 5 and 6. On counts 2 and 3, each accused was sentenced to death.

The appellant was dissatisfied with the judgment. Pursuant to an extension of time granted by this Court on 26/10/20, a notice of appeal containing 5 grounds of appeal was filed on 28/10/20.


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