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(2021) JELR 109604 (CA)

Court of Appeal  •  CA/A/762C/2019  •  31 Mar 2021  •  Nigeria

Abubakar Datti Yahaya, JCA Uchechukwu Onyemenam, JCA Stephen Jonah Adah, JCA


UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kogi State, sitting at Ankpa, delivered on the 28th June, 2019 by Hon. Justice A. N. Awuluin case no: AHC/2C/2018 wherein the learned trial Judge convicted the Appellant of the three count charge of criminal conspiracy, armed robbery and culpable homicide.

The case of the Appellant at the trial Court is that the Appellant went to the Market in Ette, Enugu State where he used to buy palm kernel. On that faithful day, his customer did not come to the market. On his way back on a motorcycle, a team of vigilante men stopped him alongside the rider. The rider and the vigilante men discussed in a language that the Appellant did not understand. The Appellant and the bike rider were later taken to Ankpa police station. Thereafter, the Appellant alone was transferred to Okpo police station and later to the State CID. The Appellant offered to make a statement but was refused, …

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