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SHERIFF OGUNLEYE v. THE STATE

(2016) JELR 37161 (CA)

Court of Appeal  •  CA/AK/158CB/2014  •  1 Feb 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State holden at Akure delivered on 28th May 2014 convicting the Appellant, Pastor Adeniyi Matthew, Akeem Benjamin and Cosmos Obi for conspiracy to commit armed robbery and armed robbery contrary to Sections 5(b) and 1(2)(b) of the Robbery And Firearms (Special Provisions) Act Cap 398 Laws of the Federal Republic of Nigeria 1990. Three were discharged and acquitted.

The facts of the case in brief are as follows: According to Pw1 the only prosecution witness, a branch of N.B.M. Bank here in Akure was raided by armed robbers. The bank reported to the police that a sum of N26 million was taken away by the robbers. The robbery incident occurred between the night of 2nd July 2005 and 3rd July 2005. The accused persons were arrested during the course of investigation. The police received information that the police in Ibadan arrested one Evangelist in possession of a…

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