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OLAYINKA AFOLALU v. THE STATE

(2010) JELR 47583 (SC)

Supreme Court  •  SC.193/2008  •  9 Jul 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; MAHMUD MOHAMMED JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

M. MOHAMMED, JSC (Delivering the Leading Judgment): The Appellant who was the accused person at the Ado-Ekiti High Court of Justice of Ekiti State, was arraigned on a 2 count charge of armed robbery -

"1. Robbing one Idowu Fanikun (F) of the sum of N225.00 (Two Hundred and Twenty Five Naira) while armed with offensive weapons to wit guns thereby committed and offence contrary to S.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 Amendments Decree No. 62 of 1999.

2, Robbing one Mercy Ogunshakiu (F) of the sum of N1,750.00 (One Thousand, Seven Hundred and Fifty Naira) while armed with offensive weapons to wit guns thereby committed an offence contrary to S.1(2a) 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 Amendments Decree No. 62 of 1999."

On the commencement of his …

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