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DAMILOLA OGUNGBULUGBE V. THE STATE

(2024) JELR 112992 (SC)

Supreme Court  •  SC/CR/1464/2022  •  10 May 2024  •  Nigeria

Coram
UWANI MUSA ABBA-AJI, JSC МОНАMMED LAWAL GARBA, JSC ADAMU JAURO, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC

Appearances
HANNIBAL UWAIFO, ESQ with B.O. WILLIAMS, ESQ and F.O. USUNDE, ESQ for the Appellant. K.M. ADENIYI, ESQ (ASSISTANT DIRECTOR) with O.F. BOSUN-KWADJО (PLO, ONDO STATE, MINISTRY OF JUSTICE) for the respondent.

Judgement

TIJJANI ABUBAKAR, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal Akure Division, delivered on the 30th day of March, 2021, affirming the conviction and sentence of the Appellant to ten years imprisonment for the offence of illegal possession of firearms by the High Court of Justice Ondo State.

The Appellant was arraigned before the High Court of Justice Ondo State for the offence of illegal possession of firearms contrary to and punishable under section 3 of the robbery and firearms (special provision) Act, Cap R11, Vol. 14 Laws of the Federation of Nigeria, 2004. Upon arraignment of the Appellant, he pleaded guilty and was sentenced to 10 years imprisonment by the trial court without option of fine. At the trial, the prosecution called no witness since the Appellant pleaded guilty.

Surprisingly, the Appellant having pleaded guilty to the charge, appealed against the said decision to the lower Court via an amended Notice of Appeal file…

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