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MORUFU BOLANLE v. THE STATE

(2004) JELR 44999 (CA)

Court of Appeal  •  CA/I/257/02  •  19 Apr 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLAADEKEYE JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Oyo State, Ibadan Judicial Division, delivered on the 23rd of January, 2002. The one count information preferred against the appellant and another dated the 29th of September, 1997 reads:-

"Morufu Bolanle

Gbolagade Alawode

On or about the 22nd day of October, 1996 at Olorunsogo, Oke-Itunu, Ibadan Oyo State of Nigeria, while armed with offensive weapons to wit: guns, bottles, knockout, robbed Mr. Emmanuel Fatundimu of N5,300, Mr. Bashir Ishola N12,000, Mr. Biodun Alaga of N4,700, Mr. Ikuesan Olajide of N2,500, Mr. Benjamin Akindoyin of N1,000 and other property such as clothes, jewelery, video, wrist watch etc. contrary to and punishable under section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Volume 22, Laws of the Federation of Nigeria, 1990."

The brief facts of the case are that by the time the prosecution commenced trial in the case, o…

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