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KEHINDE GBADAMOSI V. THE STATE

(2013) JELR 35349 (CA)

Court of Appeal  •  CA/I/9/2011  •  6 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Appearances
E. R. Emukpoeruo Esq. For Appellant J. K. Omotosho Esq., Deputy Director Public Prosecutions, Ogun State Ministry of Justice. For Respondent

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Ogun State High Court delivered on 4/8/2010 by S. A. Olugbemi, J. sentencing the appellant to death by hanging after convicting him of a five (5) count charge of Conspiracy to commit Armed Robbery and Armed Robbery pursuant to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, CAP R.11 Laws of the Federation and punishable under Section 6(b) of the same Act.

The back ground facts on the part of the prosecution is that the Appellant and others at large at about 8.30 p.m. on the 19th day of February, 2009 at Glory Land hostel, Odo Epo, Ijebu Ode, while armed with guns robbed one Adeojo Tolulope of her Motorola 16 handset, a wrist watch and jewellery. One Sanya Oluwatoyin was also said to have been robbed of her Nokia Mobile Phone. The victims were said to have been locked up in a room while the appellant and others escaped. One of the occupants of the house was sa…

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