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BENJAMIN FRIDAY v. THE STATE

(2014) JELR 36616 (CA)

Court of Appeal  •  CA/AK/159CB/2012  •  16 May 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of his lordship I.A. Adegbenro J. of the High Court of Ondo State sitting at Ondo, delivered on the 16th day of August, 2012.

The appellant and two others were arraigned before the Ondo State High Court sitting at Ondo State on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11 vol. 14 of the Laws of the Federal Republic of Nigeria 2004.

The appellant and the other accused persons pleaded not guilty to the two count charge and the case proceeded to hearing. The prosecution called four (4) witnesses and tendered various Exhibits. PW1 is one of the victims of the alleged armed robbery incident that took place at his residence on 1/2/2005. He was at the material time a serving judge at the Ondo State High Court of Justice. PW2 is the son of PW1 and…

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