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SUNDAY MADAGWA V. THE STATE

(1988) JELR 42747 (SC)

Supreme Court  •  SC.2/1988  •  2 Dec 1988  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; EBENEZER BABASANYA CRAIG JSC;

Judgement

E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): The Appellant was charged at the Oshogbo High Court of Oyo State with armed robbery contrary to sub-section 2(a) of Section 1 of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970 as amended by the Robbery and Firearms (Special Provisions) (Amendment) Decree (No.2) of 1974.

The particulars of the offence were that the appellant and two others on or about the 21st day of June, 1979 at Arola Village near Ede, in the Oshogbo Judicial Division, whilst armed with offensive weapons - to wit guns, robbed one Olayele Usiola (male) of a peugeot 504 Saloon car No. OD.8511.

After due trial before that Court, he was convicted and his subsequent appeal to the Court or Appeal was dismissed. This is a further appeal from the lower court.

The case for the prosecution rested on the evidence of four eye-witnesses. The first of these witnesses was the 4th P.W., he was the driver of the taxi cab allegedly stolen. According to him, o…

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