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HUSSAINI SAMAILA v. THE STATE

(2008) JELR 47145 (CA)

Court of Appeal  •  CA/A/93C/05  •  9 Jan 2008  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

MARY U. PETER- ODILI, J. C. A.(Delivering the leading judgment): The Appellant was on 26/3/02 arraigned on a three count charge of Criminal Conspiracy, Robbery and Culpable homicide on the 26/6/2004 the Hon. Trial court found the Appellant guilty and sentenced him accordingly, The Appellant not satisfied with his conviction has filed this appeal.

BRIEF FACTS

The Appellant was arraigned along with Emmanuel Oche and Samaila Umaru on a three count Charge of Criminal Conspiracy, robbery and culpable homicide on 26th March 2002 before the High Court of Justice Kontogora presided over by Hon. Justice M.J. Evuti.

The Appellant along with Emmanuel Oche and samaila Umaru were said to have conspired together and robbed one Saminu Sale at Kontogora on 28th July 2001 of his motorcycle Zuzuki and in the cause of the execution of their action the victim died.

At the conclusion of the trial, the Appellant was convicted and sentenced to 5 years imprisonment with hard labour on 1st count. On 2nd coun…

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