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AMOS BUDE V. THE STATE

(2013) JELR 35337 (CA)

Court of Appeal  •  CA/K/251/C/2011  •  28 Mar 2013  •  Nigeria

Coram
DALHATU ADAMU JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
Abimbola Akeredolu (Mrs); with Miss Monsurat Abdulrasheed For Appellant A. T. Kehinde Esq; with B. O. Aminu Esq. For Respondent

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering The Leading Judgment): The record before this Court portrays that as a result of the armed robbery incident that allegedly occurred at the premises of Kaduna South Local Government Education Board, Kakuri, Kaduna on the 12th December, 2005 an initial Criminal Charge Sheet dated 2nd August, 2006, was filed against the Appellant and four other accused persons, namely; Divine Ebukan alias One Hand, (1st Accused); Moshood Sanusi alias Authentic (3rd Accused), Chidiebere Charles Iwuchukwu (4th Accused) and Dagora Peter (5th Accused). The Appellant was the 2nd Accused in the said Charge. The said initial charge sheet contained three counts and it reads thus:

"COUNT ONE:

That you, DEVINE EBUKUM, AMOS BUDE, MOSHOOD SANUSI, CHIDEBERE CHARLES IWUCHUKU and DOGARA PETER on or about the 12th day of December 2005 at Nassarawa village Kaduna, conspired to rob at gun point, the premises of Kaduna South Local Government education board Kakuri, Kaduna and…

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