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MADUBIGWE AWELLE v. THE PEOPLE OF LAGOS STATE

(2016) JELR 1966 (CA)

Court of Appeal  •  CA/L/1019C/2015  •  27 May 2016  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Lagos State delivered by Ogunsanya, J. on the 13th day of July 2015; wherein the Appellant was found guilty of the offence of conspiracy to commit armed robbery and armed robbery. Appellant was then convicted and sentenced to death. The facts are briefly that the Appellant was alleged to have conspired with others now at large and robbed one Gbenga Adeshina of his red coloured Murano Jeep on the 26th day of August 2012 at about 5.10 am at No. 15 Abayomi Odubena Street, Owutu, Ikorodu Lagos. Appellant was then arrested, arraigned, tried, convicted and sentenced to death. Both parties in this appeal gave their own version of what constitutes the facts of the case, at the trial the prosecution called three witnesses and tendered Exhibit P1, confessional statement of the Appellant. PW2 is one of the victims of the alleged offence, while PW1 and PW3 are investigating Police off…

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