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IBRAHIM DAN AUTA v. THE STATE

(2014) JELR 36570 (CA)

Court of Appeal  •  CA/S/22C/2013  •  30 Jun 2014  •  Nigeria

Coram
PAUL A. GALINJE JCA; AHMAD OLAREWAJU BELGORE JCA; M. L. SHUAIBU JCA;

Judgement

PAUL A. GALINJE, JCA (Delivering the Leading Judgment): The Appellant herein was arraigned before the Sokoto State High Court, along with two other accused persons namely Hayatu Umar and Bello Ibrahim charged with the offences of conspiracy to commit robbery and culpable homicide, culpable homicide and robbery contrary to sections 97, 221 and 298 of the Penal Code respectively.

Appellant pleaded not guilty to all the charges. In proof of its case, prosecution called six witnesses and tendered several documents including the confessional statement of the Appellant which were admitted in evidence. The Appellant gave evidence in his defence and called no further evidence. Learned Counsel for respective parties addressed the court. In a reserved and considered judgment, delivered on the 25th June 2012, Bello Abbas J. Convicted the Appellant and his two accomplices on all the three counts charge and sentenced each of them to death by hanging and five years imprisonment under sections 221 a…

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