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CHIDERA AKUBUIRO v. THE STATE

(2016) JELR 37080 (CA)

Court of Appeal  •  CA/AK/23C/2014  •  4 Mar 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): This appeal is against the judgment delivered on 25th January 2012 in the High Court of Ondo State in the Ore Judicial Division holden at Ondo.

In that Court the Appellant and others were charged for conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1 (2)(a) of the Robbery And Firearms (Special Provisions) Act Cap R 11 Vol. XIV Laws FRN 2004.

The Appellant and all other accused persons pleaded not guilty to the Charge.

?The facts of the case as can be gathered from the evidence of the two prosecution witnesses Inspector James Jaiyeoba (Pw1) and Inspector Adejoh Ojogbane (Pw2) are simple and short. According to the Pw1, on the 30th June, 2007 a case of robbery was transferred from Ofosu Division to their office Special Anti-Robbery Squad, Akure. The case was minuted to their team for investigation. All the suspects were charged and cautioned and they volunteered "their statement respectively". …

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