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HARUNA JIMOH AYOMITAN v. THE STATE

(2018) JELR 38451 (CA)

Court of Appeal  •  CA/IL/106C/16  •  29 Jun 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

CHIDI NWAOMA UWA, JCA (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Kwara State, presided over by I.A. Yusuf, J, delivered on the 12th day of May, 2014. The trial Court convicted the Appellant for the offences of attempted armed robbery and conspiracy to commit armed robbery and sentenced him to fourteen (14) years imprisonment on the offence of attempted armed robbery and seven (7) years imprisonment on the second count of conspiracy to commit armed robbery. The appellant was discharged on the offence of being a member of a secret cult.

The background facts are that the appellant and two others were arraigned before the High Court on a three count charge of conspiracy to commit armed robbery contrary to Section 97 of the Penal Code, Attempted Armed Robbery, contrary to Section 2 (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap.R11, VOL.14, Laws of the Federation of Nigeria, 2004, being a member of a secret cult punishab…

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