TOPE ADESOYE V. THE STATE
(2018) JELR 39518 (CA)
Court of Appeal
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CA/IL/C.57/2017
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28 Feb 2018
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Nigeria
Coram
CHIDI NWAOMA UWA JCA;
HAMMA AKAWU BARKA JCA;
BOLOUKUROMO MOSES UGO JCA;
Appearances
Taiye Oniyide Esq.,with him Miss Tomileye Omole For Appellant
Mrs Funsho D. Lawal, Solicitor-General of Kwara State, with her M.O. Yusuf Esq., C.S.C., and B.L. Abdulsalam Esq., S.S.C., all of Kwara State Ministry of Justice For Respondent
Judgement
<p>BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is from the judgment of the High Court of Kwara State, delivered by Folayan J. on 16th March 2016 in Case No KWS/7C/2015, convicting the appellant of conspiracy to commit armed robbery and committing armed robbery. That Court also imposed the mandatory death sentence on appellant following his conviction.</p><p>The case of the prosecution/State, which it led through eight witnesses before the trial High Court, is that the appellant, who admittedly once lived in Omu-Aran town in Kwara State and had even worked for Mrs. Ogundipe (P.W.4) in that town in the past as a block moulder, in company of two other persons, on the 5th day of September 2014, stormed the home of the Ogundipes while armed with locally made pistols, initially pretended to be visitors and later forced their way in by brandishing their guns at Lydia Olaoye (P.W.7) who came to answer them at the gate. Upon gaining entrance to the house, appellant and h…</p>