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MICHAEL EBEBENIWA v. THE STATE

(2008) JELR 42848 (CA)

Court of Appeal  •  CA/I/162/2005  •  27 Nov 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

MODUPE FASANMI, J. C. A. (Delivering the leading judgment): This is an appeal against the judgment of an Ogun State High Court of Justice, Ijebu Ode Judicial Division delivered on the 18th of December 2003 wherein the Appellant was convicted for the offence of Armed Robbery.

Dissatisfied with the decision, the Appellant who was the accused person has appealed to this Court on the notice of appeal dated 5th of April 2005 and deemed properly filed and served on the 6th of March 2006.

The facts of this case by the prosecution briefly are that on the 23rd of October, 2000 about evening period, the Appellant waved down one Paul Umoke (PW1) a commercial motorcycle rider at a place along Itele village and requested P.W1 to take him to Atoyo village. upon reaching the agreed destination along Ijebu-Ife Road, near Atoyo village, P.W1 requested that he be paid his fee but the Appellant refused to pay the agreed fee and alleged that he had not reached his final destination while P.W1 claimed he …

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