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ISMAILA FATOKI v. THE STATE

(2015) JELR 91614 (CA)

Court of Appeal  •  CA/L/1125/2011  •  11 Dec 2015  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH  JUSTICE, COURT OF APPEAL TIJJANI ABUBAKAR  JUSTICE, COURT OF APPEAL ABIMBOLA OSARUGUE OBASEKI-ADEJUMO  JUSTICE, COURT OF APPEAL

Judgement

(DELIVERED BY JOSEPH SHAGBAOR IKYEGH, (JCA)

The appeal is questioning the decision of the High Court of Justice of Lagos State (the court below) convicting and sentencing the appellant to death for the offences of conspiracy to commit armed robbery and armed robbery contrary to sections 403(A) and 40(2)(A), respectively, of the Criminal Code Law Cap C.17 Vol.2 Laws of Lagos State (Criminal Code).

The essentials of the case were that on 22-03-08, some 5 armed men wearing masks attacked the house of one Sunday Otuya, (PW1), located at No. 10 Taiwo Street, off Oremeji, Osuti Road, Egan, Lagos. Where they beat up members of his household and robbed the household of two handsets of Motorola and Nokia model and undisclosed substantial sum of money. That in the course of the robbery the leader of the five men spoke and from his voice the PW1 recognised him as the appellant, somebody he had known before. The appellant’s version was that he was arrested by the police at a bus stop at Egan enrout…

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