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OLUWATUYI EBENEZER V. THE STATE

(2015) JELR 57668 (CA)

Court of Appeal  •  CA/EK/72C/A/2014  •  29 Dec 2015  •  Nigeria

Coram
AYOBAMI OLUJIMI LOKULO-SODIPO JCA (Presided) FATIMA OMORO AKINBAMI JCA (Read the Lead Judgment) BOLOUKUROMO MOSES UGO JCA

Appearances
M. Adetunbi Esq., (with him O. B. Aluko) - for the Appellant. -*- O. Ajayi , (with him, L. B. -*- Ojo , I. J. Adelusi , A. E. B -*- Arogundade and O. Onipede - for the -*- Respondent.

Judgement

AKINBAMI JCA: (Delivering the Lead Judgment): Thisappeal is against the judgment of Ekiti State High Court, Ekiti Division, delivered on 13 June 2013 by honourable Justice O.I.O. Ogunyemi. The appellant, Oluwatuyi Ebenezer and two other accused persons were convicted and sentenced to death for armed robbery contrary to section 1(2) (a), Robbery and Firearms (Special Provision) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

The two count charges read thus:

Statement of offence :

Armed robbery, contrary to section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

Particulars of offence : Oluwatuyi Ebenezer, Adegbeyiro Seun, Fagbile Ebenezer and Dada Gbenga, on or about 15 September 2012 at Egbewa GRA, behind Judge’s quarters, off NTA Road, Ado-Ekiti in the Ado Judicial Division, robbed one Hon. Justice Agbelusi Michael of three Nokia handsets, a signed cheque for ninety thousand naira (N90,000.00) and the sum of…

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