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OLAYINKA AFOLALU V. THE STATE

(2007) JELR 55438 (CA)

Court of Appeal  •  CA/IL/C91/2006  •  10 Dec 2007  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA (Presided) HELEN MORONKEJI OGUNWUMIJU JCA JUMMAI HANNATU SANKEY JCA (Read the Lead Judgment)

Judgement

SANKEY JCA (Delivering the Lead 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 Afolalu (M) on or about 27 April 2002 at Igede road, Ilawe-Ekiti in Ekiti State of Nigeria, robbed one Idowu Fanikun (F) of the sum of N225.00 (two hundred and twenty-five naira) and at the time of the robbery you werearmed 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 1 999.

Count II That you, Olayinka Afolalu (M) on or about 22 April 2002 at Igede road, Ilawe-Ekiti in Ekiti State of Nigeria, robbed one Mary Ogunsakinof the sum of N1,75…

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