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WALE ADISA v. THE STATE

(2013) JELR 35868 (CA)

Court of Appeal  •  CA/L/624/11  •  17 May 2013  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Appellant was one of the two defendants charged with the offence of armed robbery contrary to Section 402 (2) (a) of the Criminal Code Law, Cap C.17, Vol.2, Laws of Lagos State 2003. They were arraigned before the High Court of Lagos State holding in Ikeja for robbing one Ibitoye Abiodun of his phone Nokia 2100 and N5000; and one Osotimehin Eniola while armed with guns on or about the 6th day of December 2005 at Mr. Biggs Headquarters, along Kudirat Abiola Road Oregun Ikeja in Ikeja Judicial Division.

The prosecution's case is that on or about the 6th day of December, 2005 at about 9pm, the Appellant, the 1st Defendant and others now at large conspired to rob and did rob while armed with guns, one Osotimehin Eniola (PW1) and Ibitoye Abiodun (PW2). They got away but PW1 and PW2 reported the robbery at Alausa Police Station that night. Luck ran out on the robbers when their car was involved in an accident. The other r…

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