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KOLADE OLAJIDE FOWOSERE v. THE STATE

(2016) JELR 36823 (CA)

Court of Appeal  •  CA/EK/55C/2014  •  28 Jun 2016  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ekiti State High Court of 13/03/2014 in Charge No HAD/26C/2012, delivered by O.I.O.Ogunyemi J., convicting and sentencing to death the appellant and his two co-accused persons of two counts of armed robbery, specifically of robbing Mrs Ojesanmi Olusayo (P.W.2) and another of Mr Mathias Ref Kumar (PW6), a third count of conspiracy to murder one Olusegun Olufowobi, and a 4th count of murder of the said Olusegun Olufowobi, a Police Corporal and husband of PW1, Mrs Sherifat Olufowobi. The appellant was the 1st accused person in the Information before the trial High Court, in which he was convicted of all four charges along with his 2nd co-accused person Owhorisi Blessing while the 3rd accused, Ogundare Ojo Peter, was acquitted of counts one and two but convicted of counts three and four.

The record shows that all the crimes - that is, the two robberies and the conspiracy to murder a…

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