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(2021) JELR 109415 (CA)

Court of Appeal  •  CA/IB/423C/2016  •  3 Dec 2021  •  Nigeria

Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned before the High Court of Oyo State on a two-count charge of conspiracy to commit armed robbery and armed robbery. The Appellant was alleged to have conspired with one Wasiu (who was at large) and they robbed one Kamarudeen Ige whilst armed with cutlass. The Appellant pleaded not guilty and at the end of the trial in SUIT NO. I/10C/2010: THE STATE v. SAKIRU BASHIRU, the lower Court, Coram Judice: Bolaji-Yusuff, J. (now JCA), convicted the Appellant as charged and sentenced him to death.

The Appellant, dissatisfied with the decision of the lower Court, appealed against the same. The judgment of the lower Court which was delivered on 30th January, 2014 is at pages 62-78 of the Records, while the original Notice of Appeal which was filed on 14th March, 2014 is at pages 84-89 of the records. The extant Notice of Appeal on which the appeal was argued is the Amended Notice of Appeal filed on 29th S…

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