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JELR 41586 (CA)

Court of Appeal  •   •  Nigeria



MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of O. O. Akeredolu J. of the High Court of Justice Ondo State, Akure delivered on 6th of August, 2013. The Appellant was arraigned on an information for the offence of Armed Robbery contrary to and punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap. R11, Vol. 14, Laws of the Federation of Nigeria, 2004.

The case for the prosecution is that the complainant PW1 was robbed by the Appellant of his two Nokia handsets and a sum ofN11,000.00 (Eleven Thousand Naira) at night in a corner between Oke-Arata and Arakore in Akure on the 23rd May, 2011. The complainant then called his assailant on one of his phones and negotiated with him to return the sim of the phone. They arranged to meet at a spot. PW2 took the complainant to the said spot and witnessed the arrest of the Appellant by the complainant and policemen who had hid themselves around the prem…

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