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LEGI-MOHAMMED V. THE STATE

(2014) JELR 52905 (CA)

Court of Appeal  •  CA/IL/C46/2014  •  19 Dec 2014  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA (Presided and Read the Lead Judgment) UCHECHUKWU ONYEMENAM JCA MUSA HASSAN ALKALI JCA

Appearances
Ms Toyin Bashorun - for the Appellant. -*- Kamaldeen Ajibade, Attorney-General, Kwara State [with him, O. -*- Balogun (Senior State Counsel, Kwara State Ministry of Justice)] -*- - for the Respondent .

Judgement

UWA JCA (Delivering the Lead Judgment): The appellant herein was sentenced to death on 13 November 2013 by the Kwara State High Court, presided over by H. A. Saleeman, J., for the offences of conspiracy and armed robbery, contrary to section 97 of the Penal Code and section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

The background facts are that the appellant was arrested at Aderan village and taken to the State Criminal Investigation Department (CID), where he was said to have made a statement in Hausa but recorded in English by one Dada Segun (Force No. 171748 SGT) of the Criminal Investigation Department of the State CID Illorin, he was the Investigating Police Officer (IPO) as well as the interpreter to the appellant, also the recorder who testified as PW5. Exhibit 5 is the statement of the appellant, pages 9 - 10 of the records of appeal. The appellant was said to have been arrested seven months after the crime w…

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