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KELVIN OBAZEE v. THE STATE

(2017) JELR 37979 (CA)

Court of Appeal  •  CA/B/306C/2015  •  24 May 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Edo State sitting at Benin City in Charge No - B/58C/2011: THE STATE V. KELVIN OBAZEE AND ANOR delivered on 28/10/2014 wherein the Appellant was convicted for the offences of conspiracy to commit robbery and armed robbery.

Briefly, the facts of this case are that a gang of armed robbers robbed one Mr. Igbinakenzua Henry (PW2) at gunpoint on the 17/10/2009. The gang of robbers broke into the house of PW2, through the window at midnight. He testified that the force on the window woke him up, that the robbers brought out guns and he was ordered to shut up and not to shout. He testified that the robbers pointed their gun at his wifes head and then commanded him to bring out all the money withdrawn from the bank earlier in the day. He stated that he actually went to the bank that day to withdraw N15,000.00 and went for a burial. But the robbers alleged that he with…

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