NNAMDI OSUAGWU V. THE STATE
(2008) JELR 51587 (CA)
Court of Appeal
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CA/1/30/06
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11 Jun 2008
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Nigeria
Coram
JOHN AFOLABI FABIYI JCA (Presided) ISTIFANUS THOMAS JCA MODUPE FASANMI JCA ( Read the Lead Judgment )
Appearances
H. O. Afolabi (with him, K. Ayemoyin and S. Adebayo) - for the D
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Appellant.
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Morike Omolori (Miss) - for the Respondent.
Judgement
<p><strong> FASANMI JCA (Delivering the Lead Judgment) </strong><strong><em> : </em></strong> The appellant in this case was arraigned before the High Court of Justice, Ogun State on a two-countcharge of conspiracy to commit armed robbery and armed robbery contrary to section 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, 1990 as amended by the Tribunals (Certain Consequential Amendment e.t.c.) Act, 1999. The appellant pleaded not guilty to the two-counts after same had been read in English Language. The prosecution at the trial of the case called six witnesses and tendered ten exhibits in proof of the charge. Exhibit ‘D’is the appellant’s statement while exhibit ‘F’is the confessional statement of the appellant. At the close of the prosecution’s case, the accused/appellant alone gave evidence in his own defence. Both counsel thereafter addressedthe court after the close of the case for the defence. In a well considered judgment, the appellant was found guilty as charged and was sentenced to death by hang…</p>