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ONASANYA V. STATE

(2022) JELR 109130 (CA)

Court of Appeal  •  CA/L/841M/2007  •  14 Jan 2022  •  Nigeria

Coram
Obande Festus Ogbuinya, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA

Appearances
PAMELA OKORO IGIME, with him, ADELEKE OGBENEKOME For the Appellant; Y. A. SULE (ACSC) Ministry of Justices Lagos State For the Respondent.

Judgement

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, Ikeja Judicial Division delivered by A.A. Oyebanji, J., on 25th February, 2005 wherein the learned trial Judge convicted the Appellant on two count charge of Conspiracy to Commit Robbery and Robbery with violence contrary to Sections 403 and 402(2) (a) respectively of the Criminal Code Cap.32 Laws of Lagos State 1994.

BRIEF FACTS OF THE CASE

At trial, the Respondent called two witnesses who testified as PW1 and PW2 respectively. PW1 is the investigative police officer and in the course of trial, he tendered the confessional statements of the Appellant which were admitted and marked Exhibit A – A4. One Mrs. Aderanti Coker who was PW2 at trial testified that she is a trader and that she knows the Appellant. PW2 in her evidence stated further that on 8/02/1999 around 7-8 pm after the sale of the day, she counted her money in the total of N350,000 and put same…

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