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(2021) JELR 109474 (CA)

Court of Appeal  •  CA/IB/256C/2018  •  13 Sep 2021  •  Nigeria

Onyekachi Aja Otisi, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): Sometime during the late hours of 5th February, 2012 and the early hours of 6th February 2012, there was a robbery incident at Plots 8-10, Martins Thomas Crescent, GRA Extension, Ojere, Abeokuta, Ogun State. It was an armed robbery. The PW1 and PW2 were the victims of the robbery. Their money, mobile telephones and other valuables were stolen. In the course of the robbery, one of the robbers raped their daughter. At daybreak, after the robbers had left with their loot, the victims reported the robbery incident to the Police and the PW1 also reported the loss of his mobile telephone containing his Subscriber Identification Module (SIM) card to his service provider.

​Providentially and fortuitously, the PW1 was contacted by his service provider a few days after the robbery with the information that calls were still being made from his said SIM Card. Armed with this information, the Police swung into action and the number…

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