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(2021) JELR 109386 (CA)

Court of Appeal  •  CA/ABJ/CR/357/2020  •  11 May 2021  •  Nigeria

Theresa Ngolika Orji-Abadua, JCA Amina Audi Wambai, JCA Ibrahim Ali Andenyangtso, JCA


AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): At the Federal Capital Territory High Court in Charge No: FCT/HC/CR/261/16, dated 25/7/16 the Respondent as the 1st Defendant along with one Hamza Tahiru as 2nd Defendant and the other person now at large were charged with the offences of Criminal Conspiracy, Armed Robbery and Culpable Homicide punishable with death contrary to Sections 97(1); 298(b); and 221 of the Penal Code respectively. The charge was subsequently amended on the 17th April, 2018. According to the amended 3 count charge, the trio were alleged to have sometime in March 2016 conspired between themselves to commit armed robbery and culpable homicide and being armed with weapons such as knives and screwdrivers, robbed one Muazu Saidu of his red coloured Honda motorcycle from Katampe 1 to Katampe 2 and in the process caused his death by stabbing him severally with a knife knowing that death would be the probable consequence of their act.

​The case for the prose…

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