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MUSA ISA v. THE STATE

(2014) JELR 36444 (CA)

Court of Appeal  •  CA/K/66/C/2014  •  30 Jun 2014  •  Nigeria

Coram
ZAINAB A. BULKACHUWA (OFR) JCA; UWANI MUSA ABBA AJI JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of Katsina State High Court of Justice delivered on 12/11/2012 by I. B. Ahmed J. Whereby the Appellant was convicted and sentence to death for the offence of Armed Robbery.

The single count charge against the Appellant upon which he was convicted is adumbrated as follows;

THE CHARGED:

"That you Musa Isah and others at large on or about the 5th day of October, 2002 at Wurma village in Kurfi Local Government Area of Katsina State did an act to wit: Jointly and Severally beat on SANUSI AHMED to a state of unconsciousness and robbed him of the sum of N7,000.00 while you were armed with offensive weapons to wit; Guns, Knives, Clubs and thereby committed an offence punishable under Section 1 (2) (b) of the Robbery and Firearms (Special provisions) Act Cap 398 Laws of the Federation 1990 as amended."

To prove its case the prosecution called 6 witnesses and tendered the confessional statement of the Appell…

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