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JOSEPH IHEKWOBA MUSA BABA ADAMU V. THE STATE

(2003) JELR 54538 (CA)

Court of Appeal  •  CA/I/237/2000  •  1 Dec 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA VICTOR A. OYELEYE OMAGE, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
O. Alegeh, Esq. - for the Appellants; A. Adebayo, Esq. for the Respondent.

Judgement

OMAGE, JCA (Delivering the Lead Judgment): There are two appellants to the charge of armed robbery, namely Joseph Ihekwoba; the 1st appellant and Musa Baba Adamu the 2nd appellant. The printed record shows that the complaint and charge of the prosecution against the convicts/ appellants is that on 12/12/96, the appellants were accosted by anti crime patrol on duty at about 2.15am. In the vehicle in which the convict appellants were driving, registration number N.A. 1496, the following items were found: β€œa computer set, typing machines, five fire extinguishers, 107 gallons of President paints, one set of drinking glassware and one carton of powdered milk.” The contravened vehicle was driven by the 1st appellant and he was dressed in an army uniform of a sergeant. When the said vehicle was contravened, two of the occupants bolted away and escaped. At the interview of the convicts/appellants, the 1st appellant said that the two occupants of the vehicle who escaped were the owners of th…

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