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AKEEM AGBOOLA v. THE STATE

(2011) JELR 41021 (CA)

Court of Appeal  •  CA/I/258/09  •  20 Jun 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This appeal arises from the judgment of Ojo J. of the High Court of Justice, Ogun State, Ijebu Ode Division, delivered on the 30th of March, 2009, in charge No. HcJ/24c/07. The State V. Akeem Agboola The Appellant was charged with one count charge as follows: -

"The accused is ,charged with one count of the offence of armed robbery in that on or about 26/4/2007 along Sagamu/Ijebu ode Expressway near Odogbolu junction in the Ijebu Ode Judicial Division while armed with a Knife robbed one Sunday Cornelius of his Jincheng motor-Cycle, Two nokia phones and the sum of four thousand Naira, an offence contrary to section 1 (2) (a) of the Robbery and Fire arms (special provision) Act (Cap. R. 11) Laws of the Federation of Nigeria, 2004.

The accused person pleaded not guilty to the charge.

Briefly the prosecution's case is that, or the 26th of April, 2007, the Appellant engaged Sunday Cornelius (PW1) a vulcanizer and a commercial moto…

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