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USMAN TONGE v. THE STATE

(2016) JELR 41207 (CA)

Court of Appeal  •  CA/IB/96C/2015  •  24 Nov 2016  •  Nigeria

Coram
MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice in charge No: AB/12R/11 delivered on the 17th of March 2014.

The Appellant and others at large were on 22nd of January 2013 arraigned on a three count charge of Conspiracy to commit Armed Robbery and Armed Robbery contrary to Section 6(b) and 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria 2004. Appellant pleaded not guilty to all the counts. At the trial, the Respondent called five witnesses while the Appellant testified in his own defence. At the end of the trial, the Court found that the charges of conspiracy to commit armed robbery and armed robbery were proved against the Appellant beyond reasonable doubt. Consequently, the Appellant was convicted on the charges and sentenced to death by hanging.

The summary of the prosecutions case was that there were series of armed robbery incident at Sajeā€¦

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