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TAIWO OLATUNJI v. THE STATE

(2016) JELR 6158 (CA)

Court of Appeal  •  CA/I/287/2013  •  12 Feb 2016  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court, Ota Judicial Division delivered on 9th July, 2013. The Appellant was arraigned on a two count charge of conspiracy to commit Armed Robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act and Attempted Robbery under Section 2(2)(a) of the same Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federal Republic of Nigeria, 2004.

Upon arraignment, the Appellant pleaded not guilty to the 2-count charge. During the trial, the prosecution called and relied on the oral testimony of 3 witnesses as well as Exhibits A and B. The Appellant testified in his own defence and did not call any other witnesses, respective learned counsel addressed the Court after which the Court adjourned for judgment. In its judgment the Lower Court found the Appellant guilty and convicted him on each of the 2 counts of the charge and proceā€¦

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