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JOSEPH AMOSHIMA V. THE STATE

(2008) JELR 46790 (CA)

Court of Appeal  •  CA/A/196C/06  •  20 Jun 2008  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA OYEBISI FOLAYEMI OMOLEYE JCA AYOBODE O. LOKULO-SODIPE JCA

Judgement

AYOBODE O. LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment delivered on 19/7/2005 by the High Court of Niger State, Minna Judicial Division (Coram Hon. Justice Amina A. Wambai). The Appellant and four others were charged with the offences of conspiracy to commit the offence of armed robbery; and armed robbery; respectively, under the Robbery and Firearms (Special Provisions) Decree No. 5 of 1984. The learned trial Judge in the judgment being appealed against sentenced the Appellant and two others to death after finding each of them guilty of the offences preferred against them. The criminal proceeding against the Appellant and others tried along with him was initiated by the Attorney-General of Niger State through one of the officers in his Department. The Appellant was arrested several weeks after the occurrence of the crime he was charged with and though he made a confessional statement to the police, he retracted the same during trial.

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