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BIODUN BELLO v. THE STATE

(2017) JELR 37304 (CA)

Court of Appeal  •  CA/IB/111C/2015  •  29 Jun 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA CHINWE EUGENIA IYIZOBA JCA HARUNA SIMON TSAMMANI JCA

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Ogun State Holden at Ota, delivered by His Lordship Hon. Justice N.I. Agbelu on the 22nd of December, 2014.

The Appellant was charged with one count of armed robbery contrary to Section 1(2)(a) of the Armed Robbery and firearms (Special Provision Act) Cap R.11 Laws of the Federation of Nigeria 2004.

The Appellant was alleged to have robbed one Mrs. Awonuga of the sum of twenty eight thousand, two hundred and fifty five naira (₦28,255.00) while armed with a cutlass. He was found guilty, convicted and sentenced to death by the trial Court. Agitated by the decision, the Appellant has appealed to this Court.

In proving the charge, the prosecution called three of the six witnesses and tendered four Exhibits as follows:

Exhibit A - the statement purportedly made by the Accused

Exhibit B - A cutlass

Exhibit C- A black T Shirt

Exhibit D which is a pair-of Dunlop Slippers

T…

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