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SHOLA FAMUYIWA V. THE STATE

(2017) JELR 37235 (SC)

Supreme Court  •  SC.386/2015  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC CLARA BATA OGUNBIYI JSC AMIRU SANUSI JSC SIDI DAUDA BAGE JSC

Judgement

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at Ado-Ekiti delivered on the 16th December, 2014 where the Court Appeal or Court below or the lower Court affirmed the trial Court's decision of M.O. Abodunde J on the 25th June, 2013, conviction and sentence of appellant to death by hanging for the offences of conspiracy and armed robbery.

The panel of the Court below is thus: - A. G. Mshelia, F. O. Akinbami and B. M. Ugo JJCA with the lead judgment anchored by M. G. Mshelia JCA.

The facts of the case leading to the appeal are stated hereunder, viz: -

BACKGROUND FACTS:

The version as put across by the appellant is thus: -

The appellant was a trader at Challenge in Ibadan. In 2002, the Landlord of the place where the appellant was selling his wares at Challenge in Ibadan asked the appellant to quit the land where the appellant was selling his wares. Although the notice to quit was sufficient, the appella…

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