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SEMIU AFOLABI v. THE STATE

(2010) JELR 33234 (CA)

Court of Appeal  •  CA/I/102/2008  •  25 Feb 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Sodeke J. of the High Court of Justice, Abeokuta, Ogun State in Charge No. RFT/41/97 - ATT. GEN. OF OGUN STATE V. SEMIU AFOLABI delivered on the 28th April, 1999, wherein the Appellant was convicted and sentenced to death on a two count charge of (1) Conspiracy to commit a felony to wit: Armed Robbery contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria 1990; (2) Robbery contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap 398) Laws of the Federation of Nigeria 1990. The Appellant was alleged to have, on or about the 9th September 1995 at Akute Village in Sango Ota, Ogun State conspired with others now at large to rob one Rasaki Usman of his Suzuki Motorcycle Model 120 with Registration Number OD 7339 K valued at N32,000.00 …

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