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OLAYINKA AFOLALU v. THE STATE

(2007) JELR 33862 (CA)

Court of Appeal  •  CA/IL/C91/2007  •  10 Dec 2007  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; HELEN MORONKEJI OGUNWUMIJU JCA; JUMMAI HANNATU SANKEY JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): Olayinka Afolalu, the Appellant herein, was arraigned on a two count charge of armed robbery before the High Court, Ado Ekiti, Ekiti State. The charge against him, as contained at page 2 of the record, of proceedings of the Court below, reads as follows:

''That you Olayinka Afollalu (M) on or about the 27th day of April, 2002 at Igede road, Ilawe-Ekiti, Ekiti State of Nigeria robbed one Idowu Fanikun (F) of the sum of Two Hundred and Twenty Five Naira (N225.00) and at the time of the robbery, they were armed with offensive weapons to wit: guns and thereby committed an offence contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 390 Vol. XXII Laws of the Federation of Nigeria, 1990 as amended by Tribunals (Certain Consequential Amendment) Decree No. 62 of 1999.

COUNT II

That you Olayinka Afolalu (M) on or about the 22nd day of April, 2002 at Igede road, Ilawe-Ekiti in Ekiti State of Nigeā€¦

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