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TAJUDEEN ALABI v. THE STATE

(1993) JELR 45348 (SC)

Supreme Court  •  SC.90/1991  •  10 Sep 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

ONU, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal sitting in Lagos which affirmed the decision of High Court of Lagos State that convicted two persons of the offences of conspiracy to commit Robbery contrary to section 403A of the Criminal Code (Amendment No.1) Law, 1980 of Lagos State and Robbery contrary to section 402(2) (a) of the same Law. The appellant herein was the second accused in the trial court, the 1st being one Adelani Onifade, who has been shown to have died in prison between the period of his conviction by the trial court and hearing his appeal along with that of the present appellant. It is pertinent to point out here that although no death certificate was produced in respect of the 1st accused, the lower court acting on counsel (A.F. Okunuga's) pronouncement from the bar on 17th January, 1990 that the 1st accused was dead, struck out his appeal. See page 167 of the Record. Albeit, in its judgment dated 19th Februar…

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