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(2021) JELR 109281 (CA)

Court of Appeal  •  CA/LAG/CR/836/2020  •  23 Sep 2021  •  Nigeria

Joseph Shagbaor Ikyegh, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the judgment of the High Court of Lagos State, Ikeja Judicial Division, Coram O.A. Ipaye, J., delivered on February 2, 2018 in Charge No: ID/1342C/2015 in which the Appellant, as 2nd defendant, and another were convicted for Conspiracy to commit Armed Robbery and Armed Robbery and sentenced to death by hanging.

The facts of the case can be summarized in this manner: On 13/4/2014, the complainant, Professor Abiodun Oluwole, a retired Professor Emeritus of Physics who lives at M.K.O Abiola Gardens Estate, Alausa, Ikeja Lagos State, returned from a journey from Akure with his driver and the Appellant, who had been his employee for about a month. He dismissed his driver and retired to his bedroom to relax to watch a football match. While watching the match, he instructed the Appellant to make him a cup of tea, which she brought and left his room. He alleged that a few minutes later, an intruder en…

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