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TAJUDEEN ADEYEMI V. THE STATE

(1991) JELR 43074 (SC)

Supreme Court  •  SC.277/1988  •  18 Feb 1991  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; OLAJIDE OLATAWURA JSC;

Appearances
Ben Nwazojie, S.A.N. (with him, George Uwechie and Charles I. Ugwuaji) A. F. Okunuga Dr. E. O. Ometan For Appellant David Onyeike, Legal Officer, Lagos State Ministry of Justice For Respondent

Judgement

O. OLATAWURA JSC (DELIVERING THE LEADING JUDGMENT): The four appellants were charged on two counts of conspiracy and robbery contrary to sections 403(A) and 402(2)(a) respectively of the Criminal Code Law of Lagos State. The two counts read as follows:

"STATEMENT OF OFFENCE - 1st Count

Conspiracy contrary to Section 403(A) of the Criminal Code

PARTICULARS OF OFFENCE

(1) Tajudeen Adeyemi (m); (2) Akinlade Rufus (m); (3) Lateef Yusuf Giwa (m); (4) Gabriel James Hart on or about the 1st of February, 1982 at Abule Oja Bus Stop in the Lagos Judicial Division conspired together to rob.

STATEMENT OF OFFENCE -2nd Count

Armed robbery contrary to Section 402(2)(a) of the Criminal Code Law.

PARTICULARS OF OFFENCE

(1) Tajudeen Adeyemi (m), (2) Akinlade Rufus (m), (3) Lateef Yusuf Giwa (m), (4) Gabriel James Hart on or about the 1st of February, 1982, being armed with offensive weapons to wit: knives and cutlasses robbed one Sunday Oresanya of the sum of N14.00, his vehicle Registration "No. LA.9455 W val…

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