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GODWIN PIUS v. THE STATE

(2016) JELR 36851 (SC)

Supreme Court  •  SC.346/2012  •  26 Feb 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Justice, Ondo State, Akure Judicial Division, the respondent herein filed information against the appellant and one Johnson Adeyemi for the offences of conspiracy to commit armed robbery and armed robbery contrary to Sections 5 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria, 1990. Upon their arraignment on December 6, 2006, each of the accused persons pleaded not guilty to the charges.

Thereafter, the case went to trial.

The Prosecution's case was erected on the testimonies of its two witnesses, namely, PW1, the victim of the crime, one Folabi Fayemi and PW2, one Corporal Michael Isichei of the Anti Robbery Section, SCID, Akure. The appellant (as first accused person) testified in his defence.

In its judgment of May 21, 2008, the said High Court (hereinafter, simply, referred to as "the trial Court") convicted the accused persons and senteā€¦

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