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ADEKUNLE OLATUNJI v. THE STATE

(2016) JELR 41737 (CA)

Court of Appeal  •  CA/I/54A/2013  •  29 Apr 2016  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The appellant Adekunle Olatunji as 2nd accused was charged and tried with two others for the offences of conspiracy to commit armed robbery and armed robbery contrary to Section 6 (b), punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act (Cap R. 11) Laws of Federation of Nigeria respectively. The offences were allegedly committed at No. 81/33 Elega Federal Housing Estate Abeokuta on 22nd June, 2006 and at a place opposite IMA College Surulere Area off Abiola Way, Abeokuta on 14th December, 2006.

In the judgment delivered in the case on 2013/12, the High Court of Ogun State found the appellant and the 1st accused in that trial guilty of the offence charged and sentenced each to death by hanging. The 3rd accused in that trial was found not guilty and discharged.

By Notice of Appeal issued and filed 29th March 2012, the …

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