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CHUKWUEMEKA AGUGUA v. THE STATE

(2017) JELR 38190 (SC)

Supreme Court  •  SC.322/2014  •  10 Feb 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC;

Judgement

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Division Coram: Amiru Sanusi, JCA (as he then was); Abubakar Datti Yahaya, JCA; Abubakar Alkali Aba, JCA which was delivered on 12th December, 2011 in which the appellant's appeal was dismissed and his conviction and sentence by the trial Court were affirmed.

The appellant and one Aliyu Danjuma who was the 1st accused while the appellant was the 2nd accused were arraigned before the Sokoto High Court. The two were charged with two counts of conspiracy to commit armed robbery and armed robbery contrary to Sections 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of Federation of Nigeria, 1990.

At the trial before Malami Umar .J, the prosecution called six (6) witnesses and tendered seven (7) items admitted and marked Exhibits A, B, C, D, E, F and F1.

Originally, the charge was against four accused persons but only two accused…

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