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AZUKAIYESELE V. STATE

(2016) JELR 52183 (CA)

Court of Appeal  •  CA/I/13C/2014  •  3 Mar 2016  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA (Presided and Read the Lead Judgment) HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA

Judgement

GUMEL JCA (Delivering the Lead Judgment) : This is anappeal against the judgment of the Ogun State High Court holden at Abigi delivered on 20 June 2013, in Charge No. AB/9R/2009, convicting and sentencing the appellant to death by hanging for conspiracy to commit armed robbery, armed robbery etc., A contrary to sections 6(b) and 1(i) (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004 (LFN, 2004) respectively. According to the respondent, the appellant on or about 13 February 2008, at 12.00 noon, the appellant along with other persons entered the house of the complainant, (PW1) at No. 3 Kuforiji Olubi Crescent, Adigbe, Abeokuta, and while armed with guns, robbed PW1 of 2 nokia mobile phones, cash and jewellery. Other occupants of the house, including PW5 were robbed ofmobile phones and cash. To prove its case against the appellant, the respondent relied on the oral evidence of 6 prosecution’s witnesses, and the extra-judicial s…

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