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KAYODE AYODEJI V. THE STATE

(2017) JELR 38079 (CA)

Court of Appeal  •  CA/I/54C/2013  •  31 Jan 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Appearances
Festus Adesiyan with him, Oyebanke Yebisi (Miss) For Appellant F.E. Bolarinwa Adebowale (Assistant Chief State Counsel, Ogun State Ministry of Justice) For Respondent

Judgement

MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice in Suit No. AB/21R/2007 delivered on the 20th of March 2012.

Appellant and two others namely Adekunle Olatunji (2nd Accused) and Adelugba Adedotun (3rd Accused) were charged with the offences of conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provision Act) (Cap R11) Laws of the Federation of Nigeria 2004.

The charges brought against the Appellant and the other two accused persons read:

1) COUNT ONE

Statement of Offence

Conspiracy to commit a felony contrary to Section 6(b) punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap R. 11), Laws of the Federation of Nigeria, 2004.

Particulars of Offence

AYODEJI KAYODE, ADEKUNLE OLATUNJI and others now at large on or about the 22nd day of June, 2006 at No. B1/33 Elega Federal Housing Estate, Abeok…

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