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OKECHUKWU NWEZE v. THE STATE

(2017) JELR 37891 (SC)

Supreme Court  •  SC.79/2012  •  5 May 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC; PAUL ADAMU GALINJE JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appellant herein was charged along with five others, on one count of conspiracy to commit the offence of armed robbery and five counts of armed robbery, at the High Court of Justice of Oyo State before the Hon. Justice E. Esan. The seventh accused person on the charge sheet was charged with sheltering an armed robber.

The initial original charge sheet contained seven accused persons but the prosecution later dropped the charges against the first three. The appellant herein, who was the sixth accused person at the trial originally then, became the third accused person.

The prosecution's case was that on the night of the 7th day of May, 2003, the appellant, in company of two others also charged with the offence, conspired together and robbed passengers on board a G.U.O. Luxurious Bus at Idi-Ayunre along the Ibadan-Ijebu Ode Rood in Oyo State, whilst armed with guns.

The appellant and the two accused persons were charged und…

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