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EMEKA KURE v. THE STATE

(2014) JELR 36491 (CA)

Court of Appeal  •  CA/K/85/C/2011  •  21 Mar 2014  •  Nigeria

Coram
ABDU ABOKI JCA; T. N. ORJI - ABADUA JCA; ITA GEORGE MBABA JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice delivered on the 31st October 2006 by L. D Aba J.

The facts of the case leading to this appeal are as follows. The Respondent as Complainant before the trial Court filed a charge against the Appellant dated 5th day of May 2005. The charge reads as follows:

"That you Emeka Kure male of paki one village in kagoma in Jema'a local Government Area of Kaduna State on or about the 23rd day of September, 2003 and on various dates committed an act to wit - you were armed and blocked the road leading from Afana, Bajju to Kagoma and from Fori to Kwoi whereby you robbed one Mal. Ungwar Kagoma of the sum of N55, 000.00 (Fifty Five Thousand Naira Only) and the District Head of Paki 1 (one) of the sum of N33, 000.00 also other people of their valuables on various dates since 2002. You thereby committed the offence of armed robbery punishable under section 1 (1), 2 (a…

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