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KOLA AKANJI v. THE STATE

(2020) JELR 87193 (CA)

Court of Appeal  •  CA/IB/145C/2017  •  21 Feb 2020  •  Nigeria

Coram
HARUNA SIMON TSAMMANI JCA NONYEREM OKORONKWO JCA FOLASADE AYODEJI OJO JCA

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court sitting in Abeokuta delivered on the 18th day of January, 2017 by A. A. Akinyemi, J in Charge No: AB/5R/2014.

The Appellant was arraigned on a two counts charge of conspiracy to commit armed robbery and armed robbery which are offences contrary to and punishable under Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R.11, Laws of the Federation of Nigeria, 2004. The Appellant was said to have, in company of two others (now at large), robbed one Fashola Moses of his Bajaj Motorcycle, one Nokia Mobile phone and the sum of six thousand naira (₦6,000.00) on or about the 16/12/2010 along Olujobi Village via Itori, Ogun State.

The case of the prosecution on record is that, at about 7.00p.m on the 16/12/2010, the complainant (Fashola Moses) who testified as the PW1 was on his way to Ijoko in Yewa North Local Government Area on his…

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