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JOMBO-OFO JCA (Delivering the Lead Judgment): This appeal is as a result of the decision of the Hon. Justice O. Akintan-Osadebay of the High Court of Ondo State, sitting at Akure and delivered on 2 November 2010, in charge No. AK/3C/2006.
The accused person who is herein the appellant along with one other was on 15 December 2006, arraigned before the High Court of Ondo State, Akure Judicial Division, upon a two count charge of conspiracy, contrary to section 5(b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Vol. XXII, Laws of Federation of Nigeria of Nigeria, 1990 and armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990.
The accused pleaded not guilty on each of the two counts. The prosecution called four (4) witnesses, while the appellant alone testified in his defence. In all, five exhibits marked P1, P2, P3, B1 and B2 were admitted in evidence.
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