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A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 2nd July, 1992 the appeal of the appellant was summarily dismissed. The conviction and sentence of the Court below was affirmed. I indicated on that day that I will give the reasons for my decision today. This I proceed to do below.
Peter Durugo is the only appellant now before us. The 2nd appellant in the Court below Christopher Uloh was discharged and acquitted in that court. Appellant is appealing against the judgment that he was convicted by the Court below on reliance on Exhibit "M", held by the trial Court as of no evidential value against him.
Appellant and four others were charged with the offences of Robbery with firearms, punishable under S. I (2) (a) of the Robbery and Firearms (Special Provisions) Decree 1970. The fourth accused Alhaji Usman Mohammed alone was charged with receiving stolen properly, contrary to section 427 of the Criminal Code.
The prosecution having failed to locate Alhaji Usman Mohamm…