judy.legal
Login Register

AKINBOLADE DELE v. THE STATE

(2015) JELR 42276 (CA)

Court of Appeal  •  CA/AK/128C/2013  •  6 Feb 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A.(Delivering The Leading Judgment): This appeal is against the judgment of the Ondo State High Court sitting at Ondo delivered on the 15th May, 2012. The Appellant and three others were charged with robbery and conspiracy to commit robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 11 R 11 Vol. 14 Laws of the Federation of Nigeria, 2004 and Section 5(b) of the Same Law.

The case of the Respondent as can be gathered from the evidence of six witnesses who testified for the prosecution is quite simple. According to Yaya Suberu (PW1), at about 2:00am on the 6th January, 2005 he heard the voice of one of his boys who slept in the passage that leads to his room.

When he asked who was in the house at that hour somebody responded by saying that the boy should keep quiet otherwise he would shoot.

While the Pw1 was walking with his torchlight in hand towards the boy, he saw somebody in the passage run down the stair-case. Pw1 s…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login