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OGUNDARE OJO PETER V. THE STATE

(2018) JELR 39294 (SC)

Supreme Court  •  SC.787/2015  •  4 May 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Appearances
O. O. Ogundare with him, O. O. Owotumi, O. A. Ademipekun and B. F. Adeyeye For Appellant Kolapo Kolade (A. G. Ekiti State) with him, Justin Omogbemeh, Esq. For Respondent

Judgement
<p><strong>IBRAHIM TANKO MUHAMMAD, JSC (Delivering the Leading Judgment):</strong> The appellant herein, was one of the defendants arraigned before the High Court of Justice, holden at Ado-Ekiti, Ekiti State (trial Court) on a 4 count charge of conspiracy to commit murder, murder (in two instances) and Armed Robbery alleged to have been committed on different dates, contrary to Sections 324, 316 respectively, of the Criminal Code Act, Cap C38 Vol. 14, Laws of the Federal Republic of Nigeria, 2004 and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Vol. 14, Laws of the Federal Republic of Nigeria, 2004. Each of the defendants pleaded not guilty to any of the charges. Full trial was conducted and at the end, the learned trial judge discharged and acquitted the appellant in respect of the offences of armed robbery in counts 1 and 2. He found each of the two other accused/defendants charged along with the appellant, guilty as charged. He sentenced them to death by hanging. The l…</p>

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