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DELE BABALOLA v. THE STATE

(2017) JELR 38091 (CA)

Court of Appeal  •  CA/IB/339C/2014  •  3 Mar 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Ogun State High Court of Justice siting at Ilaro, delivered by the Hon. Justice M. A. Dipeolu on the 31st day of March, 2014 in Charge No. HCL/8C/2010, wherein the Appellant was convicted for the offence of conspiracy to commit armed robbery, and consequently sentenced to death by hanging.

The Charge against the Appellant and his co-accused persons before the trial Court reads as follows:

STATEMENT OF OFFENCE

CONSPIRACY TO COMMIT ARMED ROBBERY, contrary to Section 6(b) and 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

DELE BABALOLA (M), SEGUN JAMES (M), TOSIN AVODEWU (M), on or about the 17th day of January, 2008 at Idosa Village via Ifoyin, Ipokia in the Ilaro Judicial Division conspired to commit Armed Robbery.

The case of the prosecution against the Appellant and …

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