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GARBA MOHAMMED V. THE STATE

(2012) JELR 35094 (CA)

Court of Appeal  •  CA/I/144A/2007  •  5 Jul 2012  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA MODUPE FASANMI JCA JOSEPH SHAGBAOR IKYEGH JCA

Judgement


JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): An Ogun State High Court sitting in Ijebu-Ode judicial division (the court below), convicted and sentenced the appellant to death for the offences of conspiracy to commit armed robbery and armed robbery contrary to sections 5(b) and 1(2) (b) respectively of the Robbery and Fire Arms (Special Provisions) Act (Cap 398) Laws of the Federation, 1990, as subsequently amended, prompting the present appeal.

Concisely, the appellant and two other persons posing as customers robbed two employees of Felico Filling Station, the PW1 and PW2, of ₦25,000 belonging to their employer and a telephone handset belong to PW1 at the Felico Filling Station, Ibadan road, Ijebu-Ode. The appellant was subsequently arrested in connection with another offence of robbery where he confessed the robbery at the Felico Filling station. The court below believed the respondents case and convicted the appellant as charged.

In a notice of appeal filed on …

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