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TOSIN GABRIEL v. THE STATE

(2014) JELR 36528 (CA)

Court of Appeal  •  CA/I/62/2011  •  23 May 2014  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over a conviction for a criminal offence. By an information filed in the High Court of Ogun State, the appellant faced a 2 count charge of conspiracy to commit armed robbery and armed robbery. The two offences are contrary to Section 6(b) and Section 1(2)(b) respectively of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria 2004. The particulars of the offence of armed robbery indicate that the appellant Tosin Gabriel who was the second accused, and others at large on or about the 8th day of August, 2008 at Ibatefin, Ipokia in Ilaro Judicial Division of the Ogun State High Court whilst armed with guns and knives, robbed one Oladele Gani of the sum of N2,150,000 in cash. The appellant pleaded not guilty to the two counts. The prosecution called two witnesses and tendered two exhibits. The appellant opted not to defend himself and therefore neither gave evidence n…

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