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DEMO OSENI V. THE STATE

(2010) JELR 33267 (CA)

Court of Appeal  •  CA/IL/C.1/2010  •  10 Nov 2010  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice, sitting at Ilorin, Coram H.O. Ajayi (J) delivered on the 8th day of April, 2009 wherein the present Appellant who was initially charged with one other person was convicted and sentenced to death by hanging for the offence of Armed Robbery Under Section 1(2)(a) and (b) of the Robbery and fire Arms (special provision) Act Cap R II, Laws of the Federation of Nigeria, 2004,

Count two of the charge under which the appellant was found guilty and convicted reads thus:

"That you Abubakar Sadiq, Demo Oseni on or about 26th May, 2005 along Chikanda Road in Baruten Local Government Area of Kwara State within the jurisdiction of this Court killed one Umoru Sabi Sika with a cutlass and Robbed him of his Zinoki Supra motorcycle and attempted to sell same at Guru Market in Baruten Local Government Area and you thereby Committed an offence contrary to section 1(…

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