MUSE TAYO V. THE STATE
(2015) JELR 50882 (CA)
Court of Appeal
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CA/I/162C/2014
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9 Dec 2015
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Nigeria
Coram
OBIETONBARA DANIEL-KALIO JCA (Presided and Read the Lead Judgment) MUDASHIRU NASIRU ONIYANGI JCA NONYEREM OKORONKWO JCA
Appearances
Femi Onibalusi, Esq. - for the Appellant.
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J. K. Omotosho (DPPP) - (with him, F. F. Fakolade (Miss)
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( PSC) , Ogun Sta te Ministr y of Justice ) - for the A
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Respondent.
Judgement
<p><strong>DANIEL-KALIO JCA (Delivering the Lead Judgment): </strong>This appeal is in respect of a criminal matter. In 2009, the appellant, Muse Tayo was charged before the High Court of Ogun State (the lower court) with the following offences.</p><p><em> Count I </em> Conspiracy to commit armed robbery contrary tosection 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004.</p><p><em> Count II </em> Armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004. Counts III and IV were like counts I and II, for conspiracy to commit armed robbery and armed robbery. The particulars of the offence under count I showed that the appellant and another person now at large on or about 22 June 2006, along Refuge Camp Road, Oru-Ijebu in the Ijebu- Igbo Judicial Division conspired together to commit armed robbery. The particulars of offence under count II were that the app…</p>