UMAR ABUBAKAR V THE STATE

ADEBUKUNOLA ADEOTI BANJOKO, JCA (DELIVERING THE LEADING JUDGMENT): This is an Appeal against the Judgment of the High Court of Niger State delivered on the 22nd of February, 2023 by Honourable Justice Binta Bawa in Charge No: NSHC/KG/ 1c/2018, which can be seen at Pages 160 to 210 of the Record of Appeal.

The Record of Appeal was transmitted to this Court on the 20th day of April, 2023.

The Case centres around allegations that on the 20th day of January, 2016, the Appellant and Two Other Defendants conspired to rob one Aliyu Ibrahim of his Motorcycle and subsequently murdered him by strangulation. The said Motorcycle was found in the possession of the Appellant.

The Appellant and the other Defendants were charged with the Offences of Criminal Conspiracy, Armed Robbery and Culpable Homicide punishable with Death, contrary to Sections 97, 298 and 221, respectively, of the Penal Code, CAP 94 Volume 3, Revised Edition, Laws of Niger State of Nigeria, 1989.

During Trial, the Prosecution presen…