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AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant, and one other Accused Person, Kehinde Ajumobi, were tried and convicted by the Kwara State High Court for the offence of armed robbery. They allegedly robbed the occupants of a compound at Budo-Nuru Area, Ilorin, and dispossessed them of valuables, including money, phone, and wrist watch, while "armed with a gun, cutlass, broken bottle, and dangerous weapons".
The Appellant, who was the second Accused, denied the allegation and put forward a defence of mistaken identity. He claimed that he went to see the first Accused in his house, which is in the same vicinity as the scene of crime, and while first Accused was seeing him off, they were accosted and attacked by two men, who accused them of being the robbers that operated that night. The trial Court, in its Judgment of 11/7/2012, rejected his defence and found him guilty. He was sentenced to 14 years' imprisonment without option of fine.
Aggrieved, the Appellant…