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NURUDEEN BABATUNDE v. THE STATE

(2016) JELR 41495 (CA)

Court of Appeal  •  CA/AK/71C/2014  •  13 May 2016  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Osun State High Court of justice sitting at Ikirun Judicial Division delivered on 11th day of July 2013. The Appellant was arraigned before the Court on a three count charge of conspiracy, armed robbery and unlawful possession of firearms with others at large under the Robbery and Firearms (Special Provisions) Act, CAP R11, Laws of the Federation of Nigeria, 2004. The charge read thus:

1. Conspiracy contrary to Section 6(b) and punishable under Section 1(1) and (2) of the Robbery and Firearms (Special Provisions) Act, CAP R11, Laws of the Federation of Nigeria 2004.

2. Armed Robbery contrary to and punishable under Section 1(1) and 2(a) of the Robbery and Firearms (Special Provisions) Act, CAP R11 Laws of the Federation of Nigeria, 2004.

3. Illegal possession of firearms and contrary to and punishable under Section 3(1) of the Robbery and Firearms (Special Provisions) Act, CAP R11, La…

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