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OLADIPO OJUBAYO v. THE STATE

(2017) JELR 37600 (CA)

Court of Appeal  •  CA/IB/189C/2016  •  27 Oct 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice in Charge No. HCS/IC/2010 delivered on the 13th of June, 2013.

The Appellant together with two other accused persons were charged to Court for Conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Laws of the Federation of Nigeria, 2004.

The brief facts of the case are that on the 30th of December, 2007 at about 3.am, P.W. 1 Florence Adenugba stated that some men including the Appellant armed with guns entered her room and robbed her of (N500.000.00) Five hundred thousand naira. They also took phones belonging to P.W.1s relations before escaping from the scene. The Appellant was later arrested.

At the close of the prosecutions case, Appellant entered his defence. Counsel on both sides thereafter filed written addresses. In a well-considered judgment delivered on th…

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