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(2021) JELR 109352 (CA)

Court of Appeal  •  CA/IL/49C/2020  •  29 Mar 2021  •  Nigeria

Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA


MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant herein and two other persons were arraigned before the High Court of Kwara State on an eight count charge of conspiracy to commit armed robbery, armed robbery under Sections 1(2) and 6 (B) of the Robbery and Firearms (Special) Provisions Act, attempt to kill under Sections 97 and 229 of the Penal Code and destruction of property under Section 327 of the Penal Code. The 3rd accused was discharged on a no case submission. The appellant was the 2nd accused. The appellant pleaded not guilty to all the eight (8) counts charge. Six (6) witnesses testified for the prosecution. The appellant testified in his own defence and called no other witness. The Court below in its judgment delivered by A.O. Akinpelu, J., on 23/1/20 found the appellant and 1st accused guilty of counts 1, 2, 3, 5 and 6 and sentenced them to 5 years imprisonment on counts 1, 5 and 6. They were sentenced to death in respect of the count…

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