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KAZEEM ADIAMO v. THE STATE

(2014) JELR 36300 (CA)

Court of Appeal  •  CA/AK/80C/2012  •  28 Nov 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned before the High Court, Osun State sitting at Ikire on a one Count charge of armed robbery contrary to Section 1(1) and (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 11 Laws of the FRN.

The prosecution's case according to the PW1 was as follows:

On the 1st November 2005, the PW1 while riding his motorcycle which he used for commercial purposes was stopped by the Appellant. The PW1 charged the Appellant N600. As they were going, the Appellant said they should branch at Ejemu's compound in Apomu. There the Appellant got down to look for somebody. He came back shortly after and as they continued on the journey, the Appellant asked him to stay by a filling station to buy fuel. The PW1 said he had enough fuel. But the Appellant said they were going a little further than Ajegunle where the PW1 was supposed to be taking him. As they continued the journey after leaving Ajegunle people …

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