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(2021) JELR 109649 (CA)

Court of Appeal  •  CA/IB/285C/2019  •  30 Mar 2021  •  Nigeria

Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court, Abeokuta Judicial division in Charge No. AB/16R/2015 THE STATE v. OMOBORIOWO OLUGOROYE delivered on 24/6/2019 wherein the Appellant was found guilty and sentenced to death by hanging on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to Section 6(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap RII Laws of the Federation of Nigeria, 2004.

Briefly, the facts of the case according to the Prosecution was that, on 25/12/2013 at about 7.05am PW1 Adijat Ogunleye was on her way to Ita-Eko when suddenly a motorcycle parked beside her and the Appellant who sat behind the motorcyclist robbed her of her handbag which contained keys, 2 phones, the sum of N120,000.00, recharge cards of different network worth the sum of N32,000.00 while armed with a cutlass and the motorcyclist i.e. rider …

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