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(2019) LPELR-47837(SC)

In The Supreme Court of Nigeria

On Friday, the 31st day of May, 2019


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

UWANI MUSA ABBA AJI Justice of The Supreme Court of Nigeria


ALABI TOPE - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on the offence of attempted armed robbery.
This appeal is against the judgment of the Court of Appeal, Ekiti Judicial Division, delivered on 20/2/2015, which affirmed part of the judgment of the High Court of Ekiti State, which convicted and sentenced the Appellant to 5 years imprisonment for house breaking and life imprisonment for attempted robbery.

At the High Court, the appellant was charged on a three-count charge for the offences of stealing and attempted armed robbery.

The facts of the case are that on 8/4/2010, the Appellant with others broke into the house of one Michael Nwaobi with cutlass and sticks at Olorunda Area of Ado Ekiti, Ekiti State. Unfortunately for the Appellant and his accomplices, they were caught by the occupants of the house who engaged them in a fight wherein the intruder injured one of the occupants but the police was alerted and they napped the Appellant before he escaped. He confessed to the crime and also revealed that he broke into the house of one Mrs. Risikat Ademilua on 7/4/2010, carting away her valuables. He was then arraigned for house breaking, stealing and armed robbery. The prosecution called 4 witnesses while the Appellant testified for himself and confessed that although he went to rob, he did not carry any weapons and did not steal anything.

After the close of the trial, the High Court convicted and sentenced the Appellant to 5 years and life imprisonment respectively for stealing and attempted armed robbery and struck out Count 2 as unknown to law. 

On appeal to the Court of Appeal, the conviction and sentence for stealing was set aside while his conviction and sentence for attempted armed robbery was affirmed.

Dissatisfied, the appellant appealed to the Supreme Court.

The Court determined the appeal on the lone issue formulated by the appellant thus:
"Whether the Court was correct in affirming the conviction and sentence of the Appellant handed down by the trial Court for attempted armed robbery. "

In conclusion, the Court in a unanimous decision found the appeal to be unmeritorious and dismissed same.

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