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(2021) JELR 109620 (CA)

Court of Appeal  •  CA/G/59C/2020  •  18 Mar 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice B.L. Iliya (Mrs.) of the Gombe High Court delivered on 12/3/19 in Suit No: GM/61C/2015 The State v. Sale Umar and Ors wherein 5 accused persons including the Appellant herein, 5th Accused in the lower Court was found guilty for conspiracy and armed robbery punishable under Sections 5(b) & 1(2)(b) respectively of the Robbery and Firearms (Special Provision) Act 1990 as amended. The Appellant along with the other Accused persons were sentenced to death by hanging following their conviction. In the judgment of the lower Court found on pages 351-397 of the records, particularly on pages 393 His lordship held:

“From the available evidence before this Court, there is a stronger and credible evidence that all the 5 accused persons participated in the commission of the crime, so the defence of alibi does not avail them.

On the whole I am satisfied that the prosecution has discharged t…

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