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OTOR OKANGA V. THE STATE

(2017) JELR 37552 (CA)

Court of Appeal  •  CA/I/214C/2016  •  20 Oct 2017  •  Nigeria

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

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of High Court Ogun State Abeokuta in Charge No. AB/2R/2009 delivered by Lamina J on the 30th day of June, 2010 wherein the Appellant and his co-accused were convicted of the offence of robbery and sentenced to 21 years imprisonment.

FACTS:

The Prosecutions case was that on 15/11/2006, at about 5.30 pm the Appellant and his co-accused boarded a commercial motorcycle driven by PW1 at Lafenwa. They had asked PW 1 to take them to Fadage village after Elega in Abeokuta. While on the way, PW1 was beaten by the Appellant and his co-accused and robbed of his motorcycle and money. The driver of a tipper lorry later came to the rescue of PW1 and took him to the motorcycle garage at Elega junction where he narrated what happened to other motorcycle (Okada) riders present. They followed PW 1 to Fadage village where they were directed to the house of the Baale of the village (PW2) who promised to …

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