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BASIRU MOHAMMED V. THE STATE

(2010) JELR 41520 (CA)

Court of Appeal  •  CA/S/155/C/2009  •  24 May 2010  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AHMAD OLAREWAJU BELGORE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Appearances
Ebenezer Obeya Esq. For Appellant Aisha Mohammed Dantsoho, State Counsel 1, Ministry of Justice, Sokoto State For Respondent

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was convicted and sentenced to death by the High Court, Sokoto, Sokoto State, whereat he was arraigned on a two count charge of conspiracy and armed robbery.

The said charge reads thus :-

"That you Basiru Mohammed on or about the 7th day of March, 2006 at about 20:30hrs at Gidan Dare, along Western By-pass in Sokoto South Local Government Area, within the Sokoto Judicial Division, agreed to do an illegal act, to wit attacking and robbing one Mansur Altine of Kwanni Area and you thereby committed an offence punishable under Section 5(b) of the Robbery and Firearms (Special Provisions) Act Cap. 398 LFN, 1990.

That you Basiru Mohammed on or about the 7h day of March, 2006 at about 20:30hrs at Gidan Dare along Western Bypass in Sokoto South Local Government Area within the Sokoto Judicial Division, did commit the offence of armed robbery to wit; you attacked one Mansur Altine with a knife…

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