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(2019) JELR 87101 (SC)

Supreme Court  •  SC.294/2015  •  11 Jan 2019  •  Nigeria

WALTER SAMUEL NKANU ONNOGHEN..... Justice, Supreme Court MUSA DATTIJO MUHAMMAD..... Justice, Supreme Court KUMAI BAYANG AKA'AHS..... Justice, Supreme Court JOHN INYANG OKORO..... Justice, Supreme Court CHIMA CENTUS NWEZE..... Justice, Supreme Court


CHIMA CENTUS NWEZE, J.S.C. (Delivering the Lead Judgment):

The appellant in this appeal and one Abu Mohammed [as accused persons] were arraigned at the High Court of Kwara State, Ilorin Judicial Division. They were, subsequently, tried by that Court which, on November 13, 2013, convicted them for the offences of Conspiracy and Armed Robbery. Hereinafter, this Court would, simply, be referred to as "The Trial Court."

Aggrieved by his conviction, he [the appellant] appealed to the Court of Appeal, Ilorin Division, (hereinafter, simply, referred to as "The Lower Court"], which Court affirmed his conviction and sentence.

Still dissatisfied, he filed an Amended Notice of Appeal challenging the judgement of the lower Court. He presented just one issue for determination. It was couched thus:

Whether the Court of Appeal rightly held that the Prosecution proved the offence of Armed Robbery against the appellant beyond reasonable doubt?

The respondent, equally, adopted this sole issue ? an issue wh…

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