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USMAN ISAH & ORS. V. THE STATE

(2010) JELR 33293 (CA)

Court of Appeal  •  CA/K/122/C/08  •  7 Jul 2010  •  Nigeria

Coram
BABA ALKALI BA'ABA (OFR) JCA; JOHN INYANG OKORO JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A(Delivering the Leading Judgment): The criminal charge brought against the Appellants before the Kaduna State High Court reads thus;

"That you, Usman Isa, Bello Rilwanu and Umar Mushade jointly on or about 31st day of August, 1999, at about 6:45pm, attacked and robbed monies, other valuables and bicycle from one Salisu Badamasi and his friends on their way home from Anchau Market of Kubau Local Government Area. You thereby committed an offence punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions Act) Cap 398, Laws of the Federation of Nigeria".

On 12/12/2001, the charge was read over to the Appellants and to which, they, individually, entered a plea of not guilty.

Two witnesses testified on behalf of the prosecution while the Appellants testified for themselves. During the trial, the issue of admissibility of the confessional statements of the Appellants cropped up and their objections were overruled and the same were ad…

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