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ALABA OLAGUNJU V. THE STATE

(2014) JELR 42251 (CA)

Court of Appeal  •  CA/AK/66C/2011  •  17 Jan 2014  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
AWONIYI A. ALABI, ESQ. For Appellant ADEWALE AFOLABI, Esq. Attorney General & Commissioner for Justice, Osun State appearing with DR. J. O. ANWO, Senior Special Assistant, TIJANI ADEKILEKUN, Assistant Chief State Counsel, Ministry of Justice, Osun State, O. A. APESO (Mrs.) (Principal State Counsel); and IDAYAT ALARAPE (Miss), State Counsel, Ministry of Justice, Osun State For Respondent

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Falola J. of the Osun State High Court sitting at Osogbo and delivered 29th September, 2010.

The appellant as 2nd accused, on a four count amended charge dated and filed 30th December, 2009, stood trial before the trial court alongside his co-accused for the offences of conspiracy and armed robbery contrary respectively to sections 6(b) and 1(1) and 2(a) of the Robbery and Firearms (Special Provision) Act. Cap. R11, Laws of the Federation of Nigeria, 2004.

In doing their case the prosecution called five witnesses and tendered exhibits marked A-A3, B, C1-C3, D, E, F, G, H and J respectively.

On the side of the defence, the appellant alone testified for it. At the close of hearing the learned trial Judge ordered counsel on both sides to file written addresses. In a considered judgment delivered 29th September, 2010, the appellant was found guilty on each of the four count charg…

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