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GANIYU GBADAMOSI & ANOR. V. THE STATE

(1992) JELR 42044 (SC)

Supreme Court  •  SC.290/1991  •  18 Dec 1992  •  Nigeria

Coram
SAIDU KAWU JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC;

Judgement

U. OMO, J.S.C. (Delivering the Leading Judgment): The two appellants and one other were jointly charged on two counts of conspiracy and armed robbery in the Lagos High court (Ikeja) in May, 1983. After a trial, in which they testified but called no witnesses, they were all found guilty on 10th September, 1985 of conspiracy and robber simpliciter (not armed robbery). They were then sentenced to 25 years imprisonment on each count, sentences to run concurrently.

Whilst the convicted persons appealed against their conviction and sentence, the State cross-appealed against the conviction for robbery simpliciter, contending that the conviction be set aside and a verdict of guilty of armed robbery be substituted.

On 18/6/91, after considering the briefs filed and the oral arguments offered by both sides, the Court of Appeal dismissed the appeal of the two appellants and allowed the appeal of the third convict. It also allowed the cross-appeal, finding the appellants guilty of armed robbery…

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