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SHUAIBU MOHAMMED LOTO v. THE STATE

(2017) JELR 37454 (CA)

Court of Appeal  •  CA/C/464C/2014  •  9 Jun 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State, Calabar Judicial Division delivered on the 22nd September, 2014 by ABUA, J convicting the Appellant for armed robbery and sentencing him to death.

The Appellant was arraigned along with 4 others on a two count charge of armed robbery contrary to Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provision) Act, Cap R. 11 Laws of Federation of Nigeria 2004.

He and his co-accused all pleaded not guilty. The case had a chequered history passing through different Judges before trial commenced de novo at the third Court which eventually concluded the trial. The only prosecution witness was a police investigation officer who tendered the extra judicial confessional statement of the Appellant who disputed the voluntariness thereof and subsequently resiled therefrom in his testimony from the witness box. After taking f…

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