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OLABISI OLAKUNLE v. THE STATE

(2014) JELR 42234 (CA)

Court of Appeal  •  CA/IL/C.76/2013  •  4 Mar 2014  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; ISAIAH OLUFEMI AKEJU JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State sitting at Ilorin delivered on 18th July, 2013. Pursuant to the leave granted on 16/4/2012 to prefer a charge in the High Court under section 185(B) of the Criminal Procedure Code Law, and Rule 3(1) and (2) of the Criminal Procedure (Application for Leave To Prefer A Charge in the High Court Rules) 1970, the appellant and one IBRAHIM ADEYEMI were arraigned on 28th May, 2012 on a charge of four counts alleging conspiracy and armed robbery with other persons at large as follows:

1. That you IBRAHIM ADEYEMI and OLABISI OLAKUNLE together with Olaniyi and Taiye (At large) on or about the 13/10/2011 at Ojomo Estate Offa Garage, Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired to commit an illegal act to wit; while armed with guns robbed one Adegbenle and you thereby committed an offence punishable under section 6(B) of the Robbery…

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