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STEPHEN JOHN & ANOR V. THE STATE

(2010) JELR 33278 (CA)

Court of Appeal  •  CA/J/50C/2006  •  28 Jun 2010  •  Nigeria

Coram
ZAINAB A. BULKACHUWA JCA; BODE RHODES-VIVOUR JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellants as accused persons were arraigned before the High Court of Plateau State coram Dusu J. (of blessed memory) with 7 other accused persons on an eight count charge. By a motion on notice dated 17th April, 2001 the prosecution sought and was granted the leave of the court to amend the charges as a consequence of which the names of the 4th - 9th accused persons and counts 3 - 8 of the charges were struck out.

The plea of the three accused persons on the amended charge was taken by the court on the 10/4/2002,- wherein they all pleaded not guilty. The amended charge reads;

"That you, Stephen John, Henry Lawrence and Maxwell Idis in company of Samson Madaki and Freedom (surname unknown and now at large) on or about the 21st day of February, 1999 at Jenta Mangoro, Jos, Jos North Local Government Area, in the Plateau Judicial Division while armed with guns, knives and sticks robbed one Elizabeth Musa of one video cas…

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