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BRIGHT CHIBUIKE & ANOR V. THE STATE

(2010) JELR 33252 (CA)

Court of Appeal  •  CA/K/259/C/07  •  29 Jun 2010  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA; MOHAMMED LAWAL GARBA JCA; JOHN INYANG OKORO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): The Appellants were arraigned before the High Court of Kaduna State on a two (2) counts charge of criminal conspiracy under section 97 of the Penal Code and armed robbery punishable under section 1(a), (b) of the Robbery and Firearms (special provisions) Act, Cap 398, Laws of the Federation of Nigeria, 1990.

After their plead were taken by that court, the case against them proceeded to trial during which the state presented two (2) witnesses to prove the offences charged. At the close of the prosecution evidence, a no case submission was made for the Appellants which was over ruled and so each of the Appellants testified in defence of the charges against him.

Eventually after taking final addresses from the learned counsel for the Appellants and the Respondent, the High Court in the judgment delivered on the 5/8/2005, found the Appellants guilty of the two (2) offences with which they were charged and convicted them accor…

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