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IDOWU AMUSA v. THE STATE

(2017) JELR 37566 (CA)

Court of Appeal  •  CA/I/274C/2014  •  11 Jul 2017  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogunsanya J. of Ogun State High Court sitting at Ijebu Ode in Charge No. HCJ/6C/2010 delivered on the 15th day of February, 2012 wherein the Appellant and his co-accused were convicted of the offences of conspiracy to commit armed robbery and armed robbery and sentenced to death by hanging.

THE FACTS:

The Appellant was jointly arraigned with one Jamiu Yinusa on a seven count charge of conspiracy and armed robbery, contrary to Section 6(b) and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004, details of which are as contained at pages 2-4 of the Record of Appeal. The facts as presented by the prosecution witnesses are that on 18/11/2007 at about 7.15p.m., PW1 and PW2 (Dr. Olukayode Adelaja and his wife, Mrs. Maria Adelaja respectively) were at home at their residence at Awolowo road, Odogbolu, watching the 7.0…

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