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(2021) JELR 109607 (CA)

Court of Appeal  •  CA/IB/414C/2018  •  8 Oct 2021  •  Nigeria

Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA Abba Bello Mohammed, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was one of four accused persons who were arraigned before the High Court of Ogun State in CHARGE NO. AB/3R/2015: THE STATE v. ODESHINA FEMI and ORS. The Appellant was the 2nd accused person at the lower Court and he was arraigned and tried on one count of conspiracy to commit armed robbery and three counts of armed robbery. At the end of the trial, the lower Court convicted the Appellant on the lesser count of robbery in respect of Count II of the Charge and convicted him as charged for armed robbery in respect of Count v. of the Charge. The remaining count of armed robbery and the count of conspiracy to commit armed robbery were held not to be proved and consequently failed. On the conviction for robbery, the lower Court sentenced the Appellant to 21 years imprisonment and to death in respect of the conviction for armed robbery.

​The Appellant was dissatisfied with the judgment of the lower Court which w…

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