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(2021) JELR 109404 (CA)

Court of Appeal  •  CA/IB/154C/2019  •  9 Jun 2021  •  Nigeria

Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): On the 23rd day of December, 2014 at about 9.00pm; there was a robbery at a shop at the Federal Housing Estate, Emuren Junction, Ijebu-Ode. One of the robbers approached the PW2 at her shop and inquired about the cost of a bowl of rice. The PW2 told him the cost and directed him to her shop assistant who would make the sale. The robbers then shot into the air and carried out their operation, robbing the PW2 and PW3, a customer who was at the shop at the material time. Luck however ran out on the Appellant as he was apprehended, while the other robbers escaped. The PW2 and PW3, the victims of the robbery identified the Appellant from a mark on his face, which they said they saw clearly during the robbery. This is the case made out by the prosecution. The Appellant’s case, on the other hand, is that he had gone to buy recharge card when he heard shouts of thief, thief with people running. He equally ran but some people …

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