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OLADIPO OJUBAYO v. THE STATE

(2017) LPELR-43269(CA)

In The Court of Appeal of Nigeria

On Friday, the 27th day of October, 2017

CA/IB/189C/2016


Before Their Lordships

MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria

MODUPE FASANMI Justice of The Court of Appeal of Nigeria

CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria


Between

OLADIPO OJUBAYO - Appellant(s)

AND

THE STATE - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on the  Offences of Conspiracy to commit Armed Robbery and Armed Robbery.

FACTS:
This is an appeal against the judgment of the Ogun State High Court of Justice in Charge No. HCS/IC/2010 delivered on the 13th of June, 2013.

The Appellant together with two other accused persons were charged to Court for Conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Laws of the Federation of Nigeria, 2004.

On the 30th of December, 2007 at about 3.am, P.W. 1 Florence Adenugba stated that some men including the Appellant armed with guns entered her room and robbed her of (N500.000.00) Five hundred thousand naira. They also took phones belonging to P.W.1's relations before escaping from the scene. The Appellant was later arrested.

At the close of the prosecution's case, Appellant entered his defence. Counsel on both sides thereafter filed written addresses. In a well-considered judgment delivered on the 13th of June 2013, Appellant was found guilty and sentenced to death by hanging.

???Appellant being dissatisfied with the judgment appealed to the Court of Appeal.

ISSUES:
The Court adopted the Respondent's issues as follows:

"1. Whether the prosecution has proved the offence of conspiracy to commit Armed Robbery and Armed Robbery against the Appellant beyond reasonable doubt.
2. Whether the learned trial judge rightly convicted the Appellant on the offence of conspiracy."


DECISION/HELD:
In the final analysis, the Court of Appeal held that the appeal was devoid of merit and it was dismissed. The judgment of the trial Court delivered on the 13th of June, 2013 was affirmed.



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