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SAJO ABUBAKAR v. THE STATE

(2016) JELR 37116 (CA)

Court of Appeal  •  CA/S/18C/2015  •  11 Mar 2016  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED L. SHUAIBU JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the appeal against the judgment of Kebbi High Court sitting at Birnin Kebbi, delivered on 28/5/2013.

The charge against the accused/appellant at the Lower Court reads thus

"Charge No 1.

That you Sajo Abubakar "M", Abba Bello "?M"? (now at large), Ladan S/Fulani "M" (now at large) and Binga Buda "M"? (now at large) on or about the 24th day of February, 2012, at about 2215hrs along Tungan Alkasu to Argungu road of Argungu Local Government Area of Kebbi State and within the jurisdiction of Kebbi State High Court of Justice did commit the offence of Criminal Conspiracy to commit armed robbery in that while you were armed with sticks, cutlasses and knife attacked and robbed one Alhaji Maishanu and Haruna Garba both of Tunga Alkasu Village and this act was done in pursuance of your agreement and thereby committed an offence contrary to Section 5 (b) of the Robbery and Firearms (Special Provision) Act 1990 as amended.

Ch…

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