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JELILI RAMONI v. THE STATE

(2017) JELR 37872 (CA)

Court of Appeal  •  CA/AK/55CA/15  •  19 May 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): The appeal herein questions the propriety of a denovo trial and conviction of the Appellant herein and his subsequent sentence to a term of 21 years imprisonment for the offences of conspiracy to commit robbery and robbery pursuant to S.1 (1) (a) and S. 9 (b) of the Robbery and Firearms Act Laws of the Federation of Nigeria, 2004 by the High Court of Justice of Ondo State sitting in Akure in Charge No. AK/133C/2013; on the ground that a denovo trial was embarked upon in the same proceedings and without any legal basis and contrary to legal procedure in the manner thereof.

The facts of the case as relevant to the essence of this appeal are brief and not incomprehensible.

On the 3rd day of February, 2014 the charges of the offences against the Appellant and two other Accused/Convicts (who have not appealed on this ground) were read over to the Appellant. He pleaded not guilty and trial commenced by calling the 1st prosec…

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