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AYODEJI SUNDAY v. THE STATE

(2016) JELR 41578 (CA)

Court of Appeal  •  CA/AK/132cc/2013  •  27 May 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I. O. Adeleke of the High Court of Justice, Osun State sitting at Ikirun delivered on 27th June, 2013.

The Appellant was one of the five (5) accused persons arraigned before the High Court of Osun State at Ikirun for the offences of conspiracy, to commit Armed Robbery and Armed Robbery contrary to Section 6 (B) and 1 (2) (a) and (b) respectively of the Robbery and Firearms Act, cap R-11 Laws of the Federation of Nigeria 2004. The charges were read over and explained to the Appellant and the other accused persons. They pleaded not guilty to each count of the charge.

The prosecution called six (6) witnesses including the Investigating Police Officer and tendered the statements of the Appellant and the other accused persons. The Appellant and the other accused persons gave evidence in defence but called no witnesses.

The case of the prosecution is that on 13th March, 2006…

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