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DANIEL JIYA v. THE STATE

(2017) JELR 37578 (CA)

Court of Appeal  •  CA/IL/C.114/2014  •  7 Jul 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Kwara State High Court delivered by Hon. Justice M. A. FOLAYAN on 28th day of April, 2014.

The Appellant was arraigned in the Court below for the offence of armed robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R.11 LFN 2004.

The Appellant was alleged to have robbed one Mrs. Deborah Lasode (Complainant) and Mrs. Hussainat Kawu while armed with locally made gun of their handsets valued N18,000.00, some provisions valued N12,000.00 and a sum of N17,000.00 cash. The one count charge was read and explained to the Appellant in Yoruba language, he understood and pleaded not guilty to the charge.

In establishing her case, the prosecution called four witnesses which included the Exhibit Keeper who tendered a long sleeve shirt marked as Exhibit A. PW2 was the Complainant, Mrs. Deborah Bosede who testified to the fact that the Appellant robb…

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