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AKEEM AFOLABI v. THE STATE

(2018) LPELR-44306(CA)

In The Court of Appeal of Nigeria

On Friday, the 4th day of May, 2018

CA/IL/C.105/2016


Before Their Lordships

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria


Between

AKEEM AFOLABI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offences of Criminal Conspiracy and Armed Robbery.
FACTS:
This is an appeal against the judgment of the Kwara State High Court.

One Alhaja Aisha Ibirinade Raji was returning to her house on the 13th of May, 2013 along Jebba road Adewole Estate, in Ilorin at about 6.30 to 7.00pm, and just by the gate of her house, while waiting for the gate to be opened, three young boys armed with a locally made double barrel pistol attacked and robbed her of her vehicle, a Honda CRV with registration number KSB 215 AA and certain valuables. She promptly reported the Armed Robbery to the police.

Few months thereafter, she was invited by the police where she identified the appellant as one of the people that robbed her on that fateful day.

Based on the investigation carried out by the police, Abiodun Omoloye Oluwaseun, Abdul Malik Abiodun and Akeem Afolabi (the Appellant) were arraigned before the Kwara State High Court manned by H. Saleeman J for the offences of criminal conspiracy and armed robbery. Appellant was tried, found guilty and sentenced to death. 

Miffed with the decision of the Court, he lodged this appeal.

ISSUES:
The appeal was determined on the following issues:

(1) Whether the case of criminal conspiracy and armed robbery was proven beyond reasonable doubt as required by law against the appellant at the lower Court.
(2) Whether there is need for identification parade in the circumstances of this case.


DECISION/HELD:
The issues were resolved against the Appellant. The appeal was therefore dismissed the judgment of by H. Saleeman J. was affirmed.


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