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JOHN OLOMO v. THE STATE

(2014) JELR 33188 (CA)

Court of Appeal  •  CA/I/276/2011  •  7 Mar 2014  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court of Justice, Ibadan Division, presided over by M. O. Ishola, J delivered on the 20th day of September, 2011.

The Appellant was charged before the trial court on a four counts charge of conspiracy to commit armed robbery, attempted armed robbery and two counts of armed robbery, which are offences said to have been committed under Sections 1(2)(a) and 2(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R.11 of Vol.14, Laws of the Federation of Nigeria, 2004. He was said to have conspired with others at large to rob certain persons and one James Emeh of their mobile phones and money, while armed with offensive weapons which included broken bottles. That in the process, the said James Emeh who testified as the PW1 was injured on the head with the broken bottle by the Appellant. At the trial, the prosecution called two witnesses who testified as theā€¦

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