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MUSA MUHAMMAD v. THE STATE

(2015) JELR 36730 (CA)

Court of Appeal  •  CA/S/63C/2013  •  29 Jan 2015  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE O. AWOTOYE JCA; M. L. SHUAIBU JCA;

Judgement

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the accused/appellant incase No.ZAMS/GS//34C/2009 Musa Muhammad V. The State, on 12/07/2012.

The Notice of Appeal filed by the appellant contains 4 grounds of appeal.

The grounds of appeal (excluding the particulars) read thus;

"GROUND 1

The decision of the trial court is manifestly unsupportable, unreasonable and unwarranted having regards to the evidence adduced at the trial.

GROUND 2

The learned trial Judge erred in law when he suo motu, raised the issue of attempted robbery as being committed by the Appellant and failed to invite the parties to address him on the same before convincing and sentencing the Appellant thereon.

GROUND 3

The learned Judge erred in law when after finding as a fact that the prosecution has failed to prove the offence of armed robbery as required by law, went ahead to convict and sentence the Appellant for the offence attempted robbery…

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