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SAMUEL ATTAH & ORS V. THE STATE

(2009) JELR 39343 (CA)

Court of Appeal  •  CA/K/70/C/2004  •  6 Jan 2009  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABUBAKAR ABDULKADIR JEGA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Appearances
Mr. T.O. Anyira Mr. S. Sa'eda Solicitor General Ministry of Justice For Appellant Kano State with Mr. S. Sule, DDPP and Mrs. H. Wali, SSC For Respondent

Judgement

ABUBAKAR ABDULKADIR JEGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court of Justice Kana delivered on the 24th day of July 2003 by Hon. Justice P.A. Mahmoud convicting the Appellants for the offences of:

(1) Conspiracy to commit robbery contrary to section 5(b) of the Robbery and Firearms. (Special Provisions) Decree 1984 as amended by Decree No. 62 of 1999. And of armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Decree 1984 as amended by Decree No. 62 of 1999.

The facts of this case as can be seen from the printed record before the Court are as follows:-

One Alh. Danjuma Ali Garko of House No. 101 Naibawa Quarters Kano made a report to the Police on 11/09/2000 at about 11.00a.m that on 10/9/2000 at about 8.30 p.m a four-man gang of armed robbers armed with guns and other dangerous weapons broke into his house, attacked him and his family. There was adequate illumination through …

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