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KPOM V. STATE

(2022) JELR 109125 (CA)

Court of Appeal  •  CA/AK/92C/2019  •  21 Jan 2022  •  Nigeria

Coram
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA

Appearances
Fidelis Adewole, Esq. For the Appellant; B. V. Falodun C. L. O. Ministry of Justice Ondo State For the Respondent.

Judgement

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment):

On 12th October, 2017, the Appellant along with two other persons namely: (1) Efe Sunday and (2) Richard Effiong were arraigned before the Ondo State High Court of Justice sitting at Akure on a two counts Charge No: AK/24C/17 for conspiracy to commit armed robbery and armed robbery punishable under Section 6(b) and Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation. The Appellant pleaded not guilty to the allegation and the matter went to full trial during which the prosecution (Respondent) called four witnesses while the Appellant testified for himself and did not call any other witness.

At the end of the trial, the Appellant and the two others with whom he stood trial were convicted and sentenced to death by hanging, for conspiracy to commit armed robbery and armed robbery. Aggrieved by this decision the Appellant filed a Notice of Appeal containing six Grounds of A…

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