BAMANGA BAKO V. THE STATE

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned and tried before the High Court of Justice of Taraba State sitting in Takum (hereinafter referred to as the trial Court) on a sole count Charge as follows:

STATEMENT OF OFFENCE

Armed Robbery punishable with imprisonment for life under Section 298(b) of the Penal Code, Laws of Taraba State, 1997.

PARTICULARS OF OFFENCE:

That you Bamanga Bako and three others at large on or about the 13th day of May, 2008 at about 1800hrs at Malle Village in Donga Local Government Area within Takum Judicial Division committed Armed Robbery to wit: You stopped one Denshiya Audu M and robbed him of Ten Thousand Naira (N10,000.00) and a Motorola Handset V.31 model valued at Thirty-Five Thousand Naira (N35,000.00) while armed with a local pistol and sticks.

In its bid to establish the case against the Appellant, the Respondent fielded three witnesses and tendered four exhibits marked Exhibits A, B, C and C1. Exhibits …