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BELLO OKASHETU v. THE STATE

(2016) JELR 36867 (SC)

Supreme Court  •  SC.838/2014  •  24 Jun 2016  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on 9th day of December, 2014. The Lower Court affirmed the judgment of the trial High Court, Asaba, (Delta State) which convicted and sentenced the appellant to three terms of imprisonment to run concurrently for the offence of conspiracy to kidnap, kidnapping and unlawful possession of firearms.

The appellant was arraigned before the trial Court on a five - count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal possession of firearms. The particulars of the charge are stated below:-

COUNT I:

BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2011 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Armed Robbery.

COUNT II:

BELLO OKASHETU (m) and others now at large on or about the 8th day o…

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