IBRAHIM ALIYU & ANOR V. STATE
(2008) JELR 49421 (CA)
Court of Appeal
•
CA/L/422/05
•
27 May 2008
•
Nigeria
Coram
ISA AYO SALAMI JCA;
RAPHAEL CHIKWE AGBO JCA;
ADZIRA GANA MSHELIA JCA;
Appearances
Sylvia Shinaba with Adebola Shobowale & Bunmi Akerele For Appellant
For Respondent
Judgement
<p>ISA AYO SALAMI, J. C. A. (OFR) (Delivering the leading judgment): In this appeal, the appellants together with another accused person were arraigned before the Lagos State High Court of Justice on two count information of conspiracy to steal and stealing of 2,000 bags of rice valued at N150,000 property of Nike Bulk Wholesale Limited, Apapa on the 1st day of February, 1983. The charge on the information sheet was withdrawn and substituted therefore another two counts of conspiracy to commit armed robbery and armed robbery contrary to sections 403A and 402(2)(a) of the Criminal Code on 14th day of May, 1984.</p><p> The three accused pleaded not guilty to the two counts. The court then proceeded to trial during which the prosecution called eight witnesses. The accused then entered into their defence and testified into their own behalf.</p><p> Learned trial judge, in a reserved and considered judgment, discharged and acquitted the second accused and convicted first and third accused accordingly. First…</p>