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FREEBORN OKIEMUTE v. THE STATE

(2016) JELR 36866 (SC)

Supreme Court  •  SC.501/2012  •  1 Jul 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This Appeal is against the judgment of the Court of Appeal, Benin Division, delivered on the 15th day of November, 2012 which affirmed the judgment of the High Court of Ozoro, (Delta State). Delivering its judgment on 14th July, 2010, the trial High Court convicted the Appellant of the offence of conspiracy to commit armed robbery and robbery.

The Appellant was arraigned on the 22nd day of January, 2009 before the trial Court upon information containing six counts stated as follows:

STATEMENT OF OFFENCE: COUNT I

Conspiracy to commit armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE:

Freeborn Okienute (M) and others now at large on or about the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division conspired to commit armed robbery.

STATEMENT OF OFFENCE: COUNT II

Armed robbery punishable under Sectio…

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