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THE STATE v. JAMES GWANGWAN

(2015) JELR 44221 (SC)

Supreme Court  •  SC.504/2012  •  3 Jul 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUMAMMAD JSC; CLARA BATA OGUNBIYI JSC; JOHN INYANG OKORO JSC;

Judgement

JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, sitting at Ilorin delivered on 25th January, 2011 wherein it set aside the judgment of the High Court of Kwara State, Ilorin which had earlier convicted and sentenced the appellant to 14 years imprisonment on a charge of conspiracy to commit armed robbery contrary to Section 6 of the Robbery and Firearms (Special Provisions) Act 2004. The Court of Appeal entered a verdict of discharge and acquittal for the respondent. A synopsis of the facts will suffice.

On 4th July, 2006, while PW5, one Abioye Moses was on duty at the Police Station, Ajasaipo, a team of police officers led by one Cpl. Inusa Ibrahim arrested and brought to the station, one Joshua John together with one cartridge where he (Joshua) confessed that he belonged to a six-man gang of armed robbers whose names he mentioned, including the respondent herein. All the named persons except one were arrested and…

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