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SUNDAY ADOBA v. THE STATE

(2018) JELR 39441 (SC)

Supreme Court  •  SC.430/2014  •  23 Mar 2018  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Ibadan Division, Coram: Hon. Justice Chidi Nwaona Uwa, JCA, Hon. Justice Obietonbara Daniel Kalio, JCA and Hon. Justice Haruna Simon Tsanmani, JCA. The Court's judgment was delivered on the 27th March, 2014 affirming the judgment of the trial Court, delivered on 15th day of December, 2010.

The appellant as the second accused person and one other had been charged with the offences of conspiracy to commit armed robbery and armed robbery, contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation, 2004.

Upon arraignment, the two accused persons pleaded not guilty to the charge and the case proceeded to trial. The prosecution called three witnesses while each of the two accused testified but called no other witness. The case of the prosecution goes thus:

On the 1st day of May, 2008, the two accused persons - one Mich…

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