Olowoyo Oladipupo V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A.A. ADUMEIN, J.C.A (Delivering the Leading Judgment)

The appellant Olowoyo Oladipupo was charged in Charge No. HOS/BC/2000 in the High Court of Osun State, Osogbo Judicial Division with the following offences:

”STATEMENT OF OFFENCE

CONSPIRACY, contrary to section 5(b) of the Robbery and firearms (special provision) Act, Cap, 398 Vol. XXII Laws of Federation of Nigeria 1990.

PARTICULARS OF OFFICE

Olowoyo Oladipupo ‘M’ with others still at large on or about the 8th day of July, 1990 at Osogbo in the Osogbo Judicial Division did conspire together to commit felony to wit Armed Robbery.

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to section 1 (2) (a) of the Robbery and Firearms (special Provision) Act Cap, 398 Laws of Federation of Nigeria, 1990.

PARTICUIARS OF OFFENCE

Olowoyo Oladipupo ‘M’ with others now at large on the 8th day of July, 1999 at about 12:30a.m. at plot 26 GM, Osogbo in the Osogbo Judicial Division while armed with offensive weapons to wit guns, cutlasses e.t.c. robbery Rev, Sister Mary Collins of a wristwatch, a Ring and N6,000.00 each (Six Thousand Naira) and in the process killed one Amusat Mosobalaje ‘M’

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to section 1(2) (a) of the Robbery and Firearms (Special Provision) Act Cap, 398 Laws of Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Olowoyo Oladipupo ‘M’ with others now at large on the 8th day of July, 1999 at about 12:30a.m. at plot 26 GRA, Osogbo in the Osogbo Judicial Division while armed with offensive weapons to wit guns, cutlasses etc. robbed Rev. Sister Teresa Buckley of N20,000,00 (Twenty thousand Naira) cash, video recorder, portable Telephone box and other valuable materials and in the process killed one Amusat Mosobalaje ‘M’.”