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SUNDAY JAMES v. THE STATE

(2017) JELR 37854 (CA)

Court of Appeal  •  CA/AK/68CA/2016  •  22 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ondo State, Akure Judicial Division delivered on 19th November, 2015 by Hon. Justice D. I. Kolawole.

The resume of the facts culminating in this appeal is hereby made as follows: The Appellant, Sunday James and two others, namely, Francis Yohana and Usman Abubakar were arraigned before the Ondo State High Court of Justice, Akure Judicial Division on a two count charge of Conspiracy to commit Armed Robbery and Armed Robbery. The said offences being contrary to Section 6 and 1(2)(a) of the Robbery and Firearms [Special Provisions] Act, Cap.R11, Laws of the Federation of Nigeria, 2004.

Trial commenced in earnest on 24th April, 2013 with the Appellant and the two other accused persons pleading "Not Guilty" to the charges. The prosecution fielded 5 out of the 8 witnesses listed in the proof of evidence and tendered exhibits in support of its case. The Ap…

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