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Patrick Njovens & Ors. v. The State

(1973) JELR 45171 (SC)

Supreme Court  •  SC.7/1972  •  3 May 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; DAN IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The four appellants were respectively the 1st, 2nd, 3rd and 4th accused persons tried together by Adesiyun, J. in the High Court, Ilorin in the Kwara State. The Charge Sheet on which they were tried contains a total of nine counts and reads as follows

Count 1

"That on or about the 13th day of April, 1971 at a place between Ilorin and Bacita in the Kwara Judicial Division one Felix Dumeh and three others committed the offence of robbery, and that you, Patrick Njovens, Y.L. Bellow, Alhaji Amusa Abidogun and Chief Samuel Taiwo Oredein sometime in April, 1971 at Ibadan having previous knowledge of the plan to commit the said offence abetted the said Felix Dumeh and others in the commission of the said offence by intentionally aiding, encouraging and instigating the commission of the said offence by agreeing with Felix Dumeh and others and promising on oath to conceal the said offence when committed and by taking no action to preven…

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