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TERHIRE DEGA v. THE STATE

(2014) JELR 36002 (CA)

Court of Appeal  •  CA/YL/5c/2014  •  27 May 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Taraba State High Court of Justice, sitting at Jalingo delivered on 18th October, 2013 in Suit No. TRST/8C/2009 wherein the Appellant was found guilty of the offence of armed robbery contrary to Section 1(2)(a) and (b) of the Robbery and Firearms Act, and consequently sentenced to death.

The brief facts of the case as presented to the trial Court are that, sometime on 12-09-07, an incident of armed robbery took place at Bibinu Fali road in Donga Local Government Area, where one Ahmadu Yahaya was attacked by a group of armed robbers who dispossessed him of the sum of N60,000.00. The said victim lodged a report of the attack to Cpl. Linus Jerome, PW2, at the Police Outpost at Bibinu. The PW2 then enlisted the support of one Usman Ilyasu, a member of a Vigilante group. They both proceeded to the scene of crime where he said the Appellant was arrested. From his testimony, the App…

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