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SAMODI MUSTAPHA v. THE STATE

(2007) JELR 33821 (CA)

Court of Appeal  •  CA/I/2/2006  •  19 Mar 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUMI AWALA JCA;

Judgement

ALFRED P. E. AWALA, J.C.A. (Delivering the Leading Judgment): The Appellant here was arraigned on a two count charge of conspiracy and armed robbery on 21-7-03 at the Ogun State High Court Holden at Abeokuta contrary to Section 1 (2) (a) and 5(b) of the Robbery and Firearms Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990. He pleaded not guilty to all the counts. The prosecution called three witnesses to prove its case. The prosecution case in a nutshell is that on or about 14/6/03 the Appellant conspired with others still at large and robbed one Pastor Moses Akinpelu (PW1) at Holy Michael Church of Christ, Ogbo, Abeokuta, while armed with guns along with five others. The appellant robbed PW1 the sum of N20,000.00. None of the robbers was arrested at the scene of crime. PW1 who on reporting the incidence to the police stated he could identify two of the armed robbers. Having seen the appellant at Enu Gada Police station he identified him as being one of those w…

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