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SHUAIBU ABUBAKAR & ANOR v. THE STATE

(2016) JELR 33246 (CA)

Court of Appeal  •  CA/K/266/C/2015  •  31 May 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Kano State High Court in charge No. K/12C/2013 delivered on 13th May, 2015 by Hon. Justice Ahmed T. Badamasi. The 1st and 2nd Appellants were arraigned before the Court on a six (6) count charge of Criminal Conspiracy, culpable homicide punishable with death, voluntarily causing grievous hurt to Fatima Iliyasu and Ibrahim Iliyasu, entering into the house of Mallam Iliyasu Idris as members of an unlawful assembly with common intention to commit Criminal trespass, all punishable under Section 97, 221, 248(2) and 102 respectively, of the Penal Code Law of Kano state, of Nigeria (Cap) 105, 1991.

The charge allege that the 1st and 2nd Appellants on or about the 22nd May, 2011 about 22:30 hours in company of Sule Burda, Hamisu Dogo, Hassan Kilale, Yusuf Dawa, Ashiru Mai-Laya, Nasiru Boka all at large, were agreed to do an illegal act and trespassed into the house of Mallam Iliyasu Idris and c…

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