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AKINLO IFEDAYO V. THE STATE

(2018) JELR 39218 (SC)

Supreme Court  •  SC.62/2015  •  13 Apr 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Appearances
L. Fubara Anga, Esq. with him, Ikechukwu Obioma, Esq. For Appellant L. A. Nylander, Esq. For Respondent

Judgement

AMINA ADAMU AUGIE, J.S.C.(Delivering the Leading Judgment): The Appellant and three others were arraigned before the High Court of Ondo State, Akure, on a Three-Count Charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property. It was only first Accused that was charged with receiving "a Multilink Nokia cell phone, property stolen from Dr. Obanoyen Ademola by armed robbers", including Appellant, who was the third Accused.

He pleaded not guilty to the charge against him and to prove its case, the Prosecution called three witnesses, and tendered nine Exhibits. The Accused Persons testified in their defence, and they did not call any other witnesses.

The Prosecution's case is that the Appellant along with second and fourth Accused Persons and others at large, robbed the said Dr. Obanoyen on 12/11/2011 at his house in Owo, Ondo State, and carted away laptops, handsets and money while armed with guns and offensive weapons.

In his Statement to the Police, Exhibit …

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