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(2021) JELR 109537 (CA)

Court of Appeal  •  CA/IB/461C/2018  •  8 Feb 2021  •  Nigeria

Jimi Olukayode Bada, JCA Haruna Simon Tsammani, JCA Folasade Ayodeji Ojo, JCA


FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court sitting in its Abeokuta Judicial Division in Suit Nos: AB/4R/2017 delivered on the 30th of August, 2018.

The Appellant and one Ezekiel Babatunde were convicted of the offences of armed robbery and conspiracy to commit armed robbery contrary to Section 1 (2)(a) and 6 (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria and were sentenced to death.

A summary of the background facts which led to the trial of the Appellant and his co-accused are as stated in the judgment of the trial Court at pages 83 – 84 as follows:

“The summary of the case of the prosecution against the accused person is that on the 6th of June, 2014, at about 12am, they in company with others, at Redeemed Street, Federal Housing Estate, Olomore, Abeokuta while armed with gun and cutlass, robbed one Adamo Lukman of his valuables.

None of the accu…

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