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TAJUDEEN FABIYI v. THE STATE

(2015) JELR 44215 (SC)

Supreme Court  •  SC.259/2009  •  3 Jul 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division affirming the conviction and sentence of the appellant and three others by the Edo State High Court for Conspiracy and Armed Robbery punishable under Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of the laws of the Federation 1990, committed on or about 30th day of November, 1996 at Benin City within the trial court's jurisdiction. The team had conspired and robbed one Donatus Osigwe of the sum of N164,000.00 while armed with knives and other offensive weapons.

The respondent called five witnesses to make out its case at the trial court. PW1, had reported to the police that his son, the 1st accused, had stolen the sum of N190,000.00 from his shop in Benin City on 16/11/96 and, in company of others, robbed the next shop to his on 30-11-96. 1st accused on his arrest, volunteered a statement which led to t…

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