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BATURE AUDU v. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37544 (CA)

Court of Appeal  •  CA/A/62C/2015  •  14 Jun 2017  •  Nigeria

Coram
ABDU ABOKI JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The Appellant and one Babangida Sule were charged before the High Court of the Federal Capital Territory sitting in Abuja, for conspiracy to commit armed robbery and armed robbery contrary to Section 97 of the Penal Code, and Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, IFN 1990. The charges read thus:

1. That you, Babangida Sule and Bature Audu (m) on or about the 13th day of June 2007 in Wuse II, Abuja FCT within the Abuja Judicial Division conspired to do an illegal act to wit; you agreed to rob Messrs Ismaila Muazu, Mulugeta Abebe and Charles Oguamanan, which act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 97 of the Penal Code.

2. That you Babangida Sule and Bature Audu (m) on or about the 13th day of June 2007 in Wuse II, Abuja FCT within the Abuja Judicial Division while armed with locally made pistol robbed Messrs Ismaila Muazu, Mulugeta Abebe and…

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