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JOSEPH OLANREWAJU v. THE STATE

(2014) JELR 36345 (CA)

Court of Appeal  •  CA/IL/C.103/2013  •  28 May 2014  •  Nigeria

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

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellant herein and one other were arraigned before the High Court of Kwara State (corum A. S. Oyinloye, J) on a two count charge of conspiracy and armed robbery. The Court, after taking evidence rejected the defence of the appellant, found him guilty as charged and sentenced him to death on both counts of conspiracy and armed robbery pursuant to sections 6(a) and 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 2004 respectively on 4th October 2013. The appellant's disinclination with both convictions and sentences lead to this appeal initiated by filing of a notice predicated upon three main grounds and an omnibus ground as hereunder reproduced:

1. The learned trial judge erred in law when he held that the offence of criminal conspiracy was proved beyond reasonable doubt.

2. The learned trial judge erred in law when he convicted the appellant of armed robbery based on the evidence of a co-accused person.

3.…

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