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GBENGA STEPHEN V. THE STATE

(2009) JELR 55482 (CA)

Court of Appeal  •  CA/IL/C.15/2009  •  10 Dec 2009  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA CHIMA CENTUS NWEZE JCA

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Justice S.M. Akanbi, Judge of the High

Court of Justice of Kwara State, holding at Ilorin, dated 7 July 2008, in suit No. KWS/19C/2007, wherein the appellant was arraigned and convicted for the offence of attempt to commit armed robbery. Found in possession of a locally made pistol and being a member ofa secret cult. At the conclusion of the trial, the learned trial Judge discharged the appellant of the 1st count charge of offence of attempt to commit armed robbery, for the second count charge of being found in possession of a locally made pistol, he was sentenced to three years imprisonment with an option of N10.000.00 (ten thousand naira) fine and for the third count charge of being a member of a secret cult, the appellant was sentenced to 10 years imprisonment and to also pay a fine of N50.000.00 (fifty thousand naira). From the record of proceedings, the following facts were deduced, that th…

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