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ABIODUN YINUSA V. THE STATE

(2016) JELR 58122 (CA)

Court of Appeal  •  CA/I/60C/2011  •  21 Mar 2016  •  Nigeria

Coram
HARUNA SIMON TSAMMANI, JCA O. DANIEL-KALIO, JCA NONYEREM OKORONKWO, JCA

Appearances
Musibau Adetunbi (with him, Kingsley Onu and O. B. Aluko)- for the Appellant. T. M. Abdulganiyu, Director Public Prosecution, Oyo State Ministry of Justice (with him, Mrs Shukrah Adeleke) - for the Respondent.

Judgement

DANIEL-KALIO JCA (Delivering the Leading Judgment): This is an appeal in a criminal matter. The appellant, Abiodun Yinusa along with one Wasiu Yinusa, was charged with conspiracy to commit armed robbery contrary to section 5(b) and punishable under section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Laws of the Federation of Nigeria, 1990, and armed robbery contrary to and punishable under section 1(2) of the Robbery and Firearms (Special Provisions) Act, Laws of A the Federation of Nigeria, 1990.

The particulars of offence in the charge show that the appellant along with the said Wasiu Yinusa conspired together to rob one Titus Okoye and indeed robbed the said Titus Okoye of the sum of N230,000 (Two hundred and thirty thousand naira), precious stones worth N16,000 (Sixteen thousand naira) and other valuables while armed with a gun and a cutlass. According to the said particulars of offence, the crime took place on or about 7 July 2004 along Aba Ayegun via …

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