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ABUBAKAR MOHAMMED v. THE STATE

(2015) JELR 42275 (SC)

Supreme Court  •  SC.438/2011  •  27 Feb 2015  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLABODE RHODES-VIVIOUR JSC; NWALI SYLVESTER NGWUTA JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned with two others on a 6 count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 5 (b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendments) ETC Act 1999. They all pleaded not guilty to the charge. The prosecution called 10 witnesses and tendered some exhibits. The witnesses were cross-examined. Each of the accused gave evidence in his own defence. The learned trial Judge convicted and sentenced the 1st and 2nd accused to death. The 3rd accused was discharged and acquitted.

The 1st accused (now appellant) appealed to the Court of Appeal Ibadan which dismissed the appeal. However the sentence of death for the offence of armed robbery was altered to robbery without firearms and the appellant was sentenced to 21 years imprisonment. Judgment was delivered on 16/6/2011. The appellant was s…

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