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ALIYU MUHAMMAD v. THE STATE

(2018) JELR 38546 (CA)

Court of Appeal  •  CA/S/80C/2017  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Kebbi State, sitting at Birnin Kebbi Coram: FARUK HASSAN BUNZA, J. in Case No. KB/HC/RFT/12/2014, delivered on the 18th day of October, 2016 wherein the Appellant was convicted and sentenced to death for the offences of Conspiracy to commit Armed Robbery and Armed Robbery, contrary to Sections 5(b) and 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, 1990.

Trial commenced at the Court below on the 20th day of April, 2016 after all six (6) Accused persons, one of whom was the Appellant pleaded not guilty to the charges read against them. See pages 47 to 49 of the Records of Appeal. The prosecution called five (5) witnesses and tendered exhibits through the PW4, the 3rd (the Appellant), 5th and 6th Accused Persons who did not object to the tendering of their extra-judicial statements, which were admitted and marked as Exhibits '2', '2A', '3', '3…

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