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ABDULLAHI IBRAHIM V. THE STATE

(2013) JELR 35521 (SC)

Supreme Court  •  SC.93/2011  •  20 Dec 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKAAHS JSC;

Judgement

KUMAI BAYANG AKAAHS, J.S.C. (Delivering the Leading Judgment): In charge No. KDH/KAD/12c/2005 the accused/appellant and three others namely Dan'asabe, Croni and Umar (who are at large) faced a two count charge of criminal conspiracy and armed robbery, contrary to sections 5(b) and 1(2)(a) of the Armed Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria, 1990. Since the other accused persons were said to be at large, only the accused/appellant was arraigned before the court. The charge which was later amended read as follows:-

COUNT ONE

That you ABDULLAHI IBRAHIM and other (sic) at large, on or about the 19/3/2002 at about 3.00a.m. At No. 3 Magaji Road Badarawa, Kaduna did an illegal act to wit: conspired to commit armed robbery and by so doing committed the offence of criminal conspiracy punishable under section 5(b) of the Armed Robbery and Fire Arms (Special Provisions) Act Cap 398 LFN 1990.

COUNT TWO

That you ABDULLAHI IBRAHIM on or about 19/3/…

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