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FAGBILE EBENEZER v. THE STATE

(2016) JELR 33133 (CA)

Court of Appeal  •  CA/EK/22C/2015  •  14 Dec 2016  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Ekiti State High Court presided over by Honourable Justice O.I.O Ogunyemi delivered on the 13th day of June 2014 in charge No HAD/43C/2014. In the said judgment, the Appellant was found guilty of the offence of Armed Robbery and sentenced to death by hanging.

As a background of this case, the Appellant was charged before the trial Court for the offence of armed robbery with three other accused persons contrary to Sections 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. RII, Laws of the Federation of Nigeria 2004.

The gist of the matter is that on the 15th December 2012, the complainant Honourable Justice Agbelusi Michael (Retired) was robbed in his house while his money and other valuable were stolen. He alerted the Police and in the process, the accused persons were arrested including the Appellant.

After a careful consideration of the case, the learned trial Judge f…

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