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JOSEPH OKOSUN V.THE STATE

(1979) JELR 42503 (SC)

Supreme Court  •  SC.1/1978  •  21 Mar 1979  •  Nigeria

Coram
DARNLEY A. R. ALEXANDER JSC; AYO GABRIEL IRIKEFE JSC; ANDREWS OTUTU OBASEKI JSC; BUBA ARDO JSC; KAYODE ESO JSC;

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): Before the Robbery and Firearms Tribunal of the then Mid-Western State of Nigeria (now Bendel State) the above appellant was charged as follows:

"That you Joseph Okosun (m) on the 20th day of September, 1973 at Benin City in the Mid-Western State of Nigeria robbed one Amenaghawon Igbinovia (f) of a tape recorder values N100 and at the time of the robbery you were armed with a knife and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree "No. 47 of 1970. " For the prosecution, it was proved that in the morning of 20th September, 1979 when P.W.4 a civil servant, who lived at No. 32 Nosayaba Street, West Circular Road, Benin City was leaving for work, he left his junior sister, P.W.1 (the complainant) in the house. The door to the 4th P. W's apartment from the street was closed (but not locked). This door opened into 4th P. W's sitting room (parlour) while another do…

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