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AMOS BUDE v. THE STATE

(2016) JELR 36964 (SC)

Supreme Court  •  SC.240/2013  •  20 May 2016  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC;

Judgement


KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): The appellant herein was initially charged along with four others before the High Court of Kaduna State sitting at Kaduna (the trial Court) on a two-count charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property under Sections 6 (b), 1 (2) (a) and 5 of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation of Nigeria 2004. The appellant was charged with the counts for conspiracy to commit armed robbery and armed robbery only, to which he pleaded not guilty on 4/10/06. The prosecution opened its case on 23rd January 2007 and called four witnesses. Subsequently the prosecution filed a motion for leave to amend the charge. The application was granted on 6th March 2007.

The amended charge dated 22nd February 2007 reads:

COUNT ONE

That you, AMOS BUDE (M). MOSHOOD SANUSI (M), CHARLES CHIDI IWUCHUKWU with DIVINE EBUKAM (DECEASED) and DOGAM PETER (M…

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