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OYE AROWOJOLU v. THE STATE

(2016) JELR 37086 (CA)

Court of Appeal  •  CA/AK/231c/2013  •  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.

The Appellant was convicted on a two counts charge of 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 Laws of the Federal Republic of Nigeria 2004.

The facts of the case on the available evidence before the Lower Court are brief and simple. According to the two prosecution witnesses Inspector James Jaiyeoba (Pw1) and Inspector Adejoh Ojogbane (Pw2) a case of robbery was transferred from Ofosu Division to the Special Anti Robbery Squad, Akure. They were directed to investigate. They took cautionary statements of the accused persons who all confessed to the offence. They took the accused persons to the scene of crime. All the Exhibits forwarded along with the accused persons were r…

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