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ADEOYE ALIU v. THE STATE

(2014) JELR 36515 (CA)

Court of Appeal  •  CA/I/59B/2011  •  18 Jun 2014  •  Nigeria

Coram
HARUNA SIMON TSAMMANI JCA; MUDAHIRU NASIRU ONIYANGI JCA; NONYEREM OKORONKWO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): The Appellant herein, along with Kamorudeen Adebayo and Saheed Balogun were arraigned before the Oyo State High Court, Ibadan Division on a four count charge of conspiracy to commit armed robbery and the commission of armed robbery which are offences punishable under Sections 6(b) and 1(b) of the Robbery and Firearms (Special Provisions) Act, Cap.R.11, Laws of the Federation of Nigeria, 2004. They were consequently convicted on all the four counts charged and sentenced to death by hanging.

The brief facts of the case as presented by the prosecution is that, on the 14th day of May, 2008, at about 11.00p.m, the P.W.1 who was on duty along with others as Vigilante Group members saw three boys in their area coming out from the bush. That due to constant complaints of armed robbery in the area, the boys were accosted and asked to stop, but two of them run away but one of them was arrested. That he was searched and a charm was…

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