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GANI AIYETIGBON v. THE STATE

(2016) JELR 41508 (CA)

Court of Appeal  •  CA/AK/148CA/2013  •  24 Jun 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The Appellant and the 1st accused person were convicted on the 16th May, 2013 in the High Court of Ondo State sitting at Akure for conspiracy to commit armed robbery and armed robbery contrary to Sections 6(2) (b) and 1(2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Vol. 14 Laws FRN 2004.

On 27th July 2011 between 12:30am and 1:30am the Appellant and many others invaded houses in Ondo town including the houses of Pw1 and Pw4.

They had successfully broken into the houses of the Pw1 and Pw4 and made away with several items before the police arrived and there was exchange of gun fire between the police and the armed robbers.

The appellant was arrested because the 1st accused person had mentioned him as belonging to the gang that carried out the robbery operation. The 1st accused person not only mentioned the appellant to the police but led them to the appellant's house where the appellant was arres…

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