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THE STATE V. ABDULMALIK ABIODUN AKEEM AFOLABI

(2016) JELR 53283 (CA)

Court of Appeal  •  CA/IL/C.53/15  •  14 Dec 2016  •  Nigeria

Coram
CHIDI N. UWA JCA (Presided and Read the Lead Judgment) HAMMAAKAWU BARKAJCA BOLOUKUROMO MOSES UGO JCA

Judgement

UWA JCA (Delivering the Lead Judgment): The appeal is against the judgment of the Kwara State High Court presided over by M. AbdulGafar, J. delivered on 30 September 2014, in which the trial court discharged and acquitted the respondents as accused persons on the charges of conspiracy, unlawful possession of firearms and armed robbery. The background facts are that the respondents were arraigned before the trial court on a three-count charge of conspiracy, armed robbery and illegal possession of firearms contrary to sections 6(6) and 1(2) of the Robbery and Firearms Act, 2004. The respondents were alleged to have robbed the PW3, Mayodele Merayesa of his Toyota Camry (Muscle) car among other valuables at gun point on or about the 5th day of May, 2013 along Fate Road, GRA Ilorin. At the trial, a gun allegedly used for the operation was tendered as exhibit P1 and the respondents’ extra- judicial statements were admitted in evidence without objection as exhibits P2 and P3 respectively. …

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