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AKINLO IFEDAYO v. THE STATE

(2014) JELR 36272 (CA)

Court of Appeal  •  CA/AK/219CA/2013  •  8 Dec 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of his Lordship O. O. Akeredolu J. of the High Court of Ondo State sitting at Akure Judicial Division, delivered on the 20th day of March, 2013.

The Appellant and three others were arraigned before the Ondo State High Court sitting at Akure for conspiracy to commit armed robbery, armed robbery and receiving stolen property contrary to and punishable under Sections 6 (b), 1 (2) (a) and 5 of the Robbery and Firearms (Special Provisions) Act, cap, R 11, Vol. 14, Law of the Federation of Nigeria, 2004.

The Appellant and other accused persons pleaded not guilty to the charge and the case proceeded to hearing. The prosecution called three (3) witnesses and tendered various Exhibits. The accused persons testified in defence and called no other witness.

The case of the prosecution was that the Appellant and two others on 12th November, 2011, while armed with guns, axes and other dangerous we…

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