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AGUBE JCA (Delivering the Lead Judgment): Following the leave granted the prosecution on 17 March 2005 by his lordship, Banji Orilonise, J., of the High Court of Justice, Ilorin Division, Kwara State in charge No.
KWS/28C/2004, the appellant was arraigned before his lordship on a two count charge of robbery and culpable homicide contrary to sections 296 and 221 of the Penal Code, in that on or about the 9th and early hours of 10 October 2003, they robbed the Mini-Mart of Rock Field Petroleum Nigeria Ltd opposite former F.R.S.C. Office, Fate Road, IIorin and carted away valuables amountingto N44,340.00k (forty-four thousand, three hundred and forty naira) and that in the course of the robbery they caused the death of one Obioma Nwakocha, a security guard employed by Rock Field Company from Kuta Guard Security outfit.
The appellant (then the 2nd accused) pleaded not guilty to the charge A after read and explained to his understanding in yoruba. Thereafter, the prosecution called four wi…