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FATAI BUSARI v. THE STATE

(2015) JELR 36728 (SC)

Supreme Court  •  SC.364/2012  •  30 Jan 2015  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; JOHN INYANG OKORO JSC;

Judgement

M.S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): The accused person, now Appellant, was arraigned before the High Court of Justice, Ibadan with 5 others for the offences of conspiracy to commit felony to wit, Armed Robbery and thereby committed an offence contrary to and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions)Act. Cap R.11, Vol. 14 Laws of the Federation, 2014.

The Appellant and others stood charged as follows:

1. On or about 18th day of November, 1994 at Mobil Petrol Station, Challenge, Ibadan, Oyo State of Nigeria conspired together to commit a felony to wit, Armed Robbery and thereby committed an offence contrary to and punishable under Section 1(2)(a) of the Laws of the Federation of Nigeria,1990.

2. On or about 18th of November, 1994 at Mobil Petrol Station, Challenge, Ibadan while armed with offensive weapons to wit: Pistol and Riffle robbed Alhaji Nurudeen Kolawole of the sum of one Hundred and Fifty Thousand Naira (N15…

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