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WALE OLASEHINDE V. STATE

(2016) JELR 41401 (CA)

Court of Appeal  •  CA/AK/174C/2014  •  30 Jun 2016  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
Mrs. A. O. Rhodes-Vivour with Anthony Onwaeze, Esq. For Appellant S. A. Adegoke, Esq. (D.D.P.P.) For Respondent

Judgement

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ondo State High Court sitting at Akure Judicial Division, delivered on 8/5/2014. The Appellant was arraigned before the Court on 2 count charge of conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6(b), 1(1) and (2) of the Robbery and Firearms (Special Provisions) ACT, Cap R11, Laws of the Federation of Nigeria 2004, respectively.

Upon arraignment, the Appellant pleaded not guilty to the 2 count charge. To prove the guilt of the Appellant, the prosecution called two (2) witnesses and tendered four (4) Exhibits. While the Appellant gave evidence for himself in his defence and called no witness.

FACTS

The particulars of the offences are that on or about 28/6/2011 at Ondo Road, Akure the Appellant conspired with another at large to rob Dr. Busari Ismaila lyanda of his Toyota Camry Car, 1996/97 model and other items in the car, with pestle and axe and that the Appe…

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