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(2021) JELR 109399 (CA)

Court of Appeal  •  CA/A/321C2/2013  •  7 May 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Ebiowei Tobi, JCA


EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Kogi State High Court Holden at Ebogogo in Suit NO: HCEB/09C/2011 wherein the Appellant along with three other accused persons were convicted for Conspiracy and armed robbery punishable under Section 97(1) and 298 (c) of the Penal Code. His lordship consequent upon the conviction of the Appellant in pages 328-329 of the record sentenced the Appellant, 1st Accused in the lower Court to 2 years imprisonment and fine of N5,000 for the offence of conspiracy. For the two heads of the offence of robbery and armed robbery, the lower Court sentenced the Appellant along with the other accused person whose cases are not on appeal before me to 7 years imprisonment with a fine of N10,000 for counts 2 and 3. The lower Court went on to hold that should the Appellant fail to pay the fine for the offence of Conspiracy, he will spend one year in addition to the term of imprisonment of 2 years for that co…

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