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ADESINA KAYODE v. THE STATE

(2016) JELR 37178 (SC)

Supreme Court  •  SC.83/2012  •  12 Feb 2016  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on the 12th day of October, 2011, wherein the conviction and sentence of the appellant for the offences of conspiracy to commit armed robbery and armed robbery were affirmed.

The appellant and two others had been arraigned and jointly charged before the High Court of Justice of Ogun State sitting in Ijebu Ode, with the following offences:

Count I

Conspiracy to commit armed robbery contrary to Section 6(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, (Cap. R.11), Laws of the Federation of Nigeria, 2004.

Count II

Armed Robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap, R11, Law of the Federation of Nigeria, 2004.

The facts of the case are as follows: Upon arraignment, the appellant had pleaded not guilty as the other two co-accused. The prosecution called…

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