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LEKAN SODIYA v. THE STATE

(2009) JELR 33616 (CA)

Court of Appeal  •  CA/I/67/2007  •  23 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): The Appellant, Lekan Sodiya (1st Accused), was arraigned and tried along with two others before an Abeokuta High Court, sitting at Isabo, Abeokuta, Coram S. A. Oduntan, for conspiracy to commit armed robbery to one Mr. Olusesan Sowunmi's residence at Kemta Housing Estate, Idi-Aba, Abeokuta, contrary to Section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act (Cap 398) of the Federation of Nigeria, 1990, as amended by the Tribunals (Certain Consequential Amendments) ETC Act 1999. The two other accused persons and others at large were charged with the actual offence of armed robbery.

The accused pleaded not guilty to the charge. Evidence was led by the prosecution in proof of the offence, called a total of Ten (10) Witnesses and tendered Four (4) Exhibits. The Appellant testified in his defence and called One (1) Witness, his mother, who testified on his behalf. He was however con…

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