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KAZEEM AKINTUNDE v. THE STATE

(2017) JELR 37855 (CA)

Court of Appeal  •  CA/IB/100C/2015  •  29 Jun 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA CHINWE EUGENIA IYIZOBA JCA HARUNA SIMON TSAMMANI JCA

Judgement


MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice A. O. Asenuga of the Ogun State High Court, Ota Division, Ogun State. The Appellant who was charged along with two others were convicted of Conspiracy and Armed Robbery under the provisions of Section 6(b) and Punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions Act (CAP R. II) Laws of the Federation of Nigeria, 2004. They were each sentenced to death by hanging. The Appellant appealed to this Court seeking an order of discharge and acquittal against his conviction and sentence.

The facts which led to this appeal as captured in the brief of argument of the Appellant and partly modified in this Judgment are as follows:

That the 21st December, 2006, the Appellant, a labourer, went to his place of work. Prior to his leaving home, he had a sick child. While at work, he got a call from his wife that the sick child was running temperature …

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