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JAMES SIMON v. THE STATE

(2017) JELR 38224 (SC)

Supreme Court  •  SC.144/2013  •  27 Jan 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant, and two others namely Joel Adamu and Ibrahim Musa were arraigned before Talba J, of an Abuja High Court charged with conspiracy to commit armed Robbery and Armed Robbery contrary to Section 5 and 1(2)(a) of the Robbery and Firearms Special Provisions Act Cap 398 Laws of the Federation of Nigeria 1990.

The appellant and the other two accused persons denied both counts. This is an appeal by the 1st accused person. At the trial, the prosecution fielded three witnesses and tendered two statements while the appellant testified in his defence. He did not call any witness. After hearing and evaluation of evidence the learned trial judge convicted the appellant and the other two accused persons on both counts and sentenced them to death.

Dissatisfied with both his conviction and sentence, the appellant appealed to the Court of Appeal. That Court affirmed the decision of the High Court and dismissed the appeal. This …

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