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JOSEPH AMOSHIMA V. THE STATE

(2011) JELR 46674 (SC)

Supreme Court  •  SC.283/2009  •  17 Jun 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC JOHN AFOLABI FABIYI JSC BODE RHODES.VIVOUR JSC

Judgement

WALTER SAMUEL NKANU ONNOGHEN, JSC, (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Abuja Division delivered on the 8th day of June, 2008 in appeal NO. CA/A/196C/06 in which the court affirmed the judgment of the High Court of Niger State Holden at Suleja Judicial Division in charge No. NS/RFT/4C/98 delivered on the 19th day of July, 2005 in which the court convicted the appellant of the offence of conspiracy and armed robbery contrary to sections 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act 1984 and sentenced him accordingly.

By an amended charge dated 1st November, 2002 the appellant who was the 2nd accused at the trial was charged, along with four others as follows:-

"1ST COUNT

That you Aminu Tanko, Joseph Amoshima and Ikechukwu Okoh on or about the 6th day of April, 1996 at Suleja, within the Niger State Judicial Division agreed among yourselves to rob one Alhaji Zakari Mohammed in his house with…

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