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SALEH DAWAI v. THE STATE

(2017) JELR 37237 (SC)

Supreme Court  •  SC.459/2013  •  15 Dec 2017  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC;

Judgement

JOHN INYANG OKORO, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 8th March, 2013 wherein the Lower Court dismissed the appeal of the Appellant and affirmed the decision of the trial High Court which convicted and sentenced the Appellant to 14 years imprisonment for the offence of Armed Robbery contrary to Section 2 (1) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990.

A brief facts of the case are that on the 31st day of January 2004, at Kachia in Kaduna State, the Appellant was alleged to have forcefully entered the residence of one Alhaji Maharazi Saidu while armed with a locally made pistol and robbed the said victim of the sum of N500,000= (five hundred thousand naira) only.

At the trial, the prosecution called four witnesses and tendered one exhibit to prove the charge against the Appellant while the Appellant gave evidence in his defence.…

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