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OKE SHOLA v. THE STATE

(2018) JELR 38637 (CA)

Court of Appeal  •  CA/AK/162C/2017  •  27 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court, of Ondo State, Akure Judicial Division delivered on 4th day of April, 2017 by Hon. Justice O. O. Akeredolu.

The appellant was arraigned before the High Court of Ondo State sitting in Akure on a three count charge of conspiracy to commit armed robbery, armed robbery and attempted murder contrary to and punishable under Section 6(b), 1(2)(a) and (b) of the Robbery and Firearms (Special Provision) Act, Cap R II, vol. 14, Law of the Federation of Nigeria 2004 and Section 320 of the Criminal Code, vol. 1, Law of the Ondo State of Nigeria 2006. The appellant pleaded not guilty to the offences contained in the charge.

STATEMENT OF FACTS

The case for the prosecution was that on or about 17th July, 2017, the appellant conspired with others at large to commit armed robbery and attempted murder whilst armed with weapons such as axe and cutlasses and robbed Ilu alaye rubber Estat…

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