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AKANBI ENITAN & ORS. V. THE STATE

(1986) JELR 42649 (SC)

Supreme Court  •  SC.122/1985  •  6 Jun 1986  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC; BOONYAMIN OLADIRAN KAZEEM JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

OPUTA, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on Thursday, 13th March, 1986. After a careful perusal of the records of proceedings and the Briefs filed and after listening to learned counsel in elaboration of the major points taken up in their respective Briefs, I dismissed the appeal as completely lacking in merit and substance. I then said I would give my Reasons for Judgment on Friday, 6th June 1986. Hereunder are those reasons. The three Appellants were in the court of first instance charged with Armed Robbery punishable by death under Section 1(2)(a) of the Robbery and Firearms (Special provisions) Act No. 47 of 1970. The learned trial Judge, Oduwole, J., on 13/4/84 found each guilty as charged, convicted each accordingly and sentenced each to death by hanging. The 3 Appellants then appealed to the Court of Appeal Ibadan Division Coram Uche Omo, Dosunmu and Omololu-Thomas, J.J.C.A. In a lead judgment, Omololu Thomas (with Uche Omo and Dosunmu. J…

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