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MUSA NASHEHU V. THE STATE

(2022) JELR 110374 (CA)

Court of Appeal  •  CA/K/106/C/2020  •  13 May 2022  •  Nigeria

Coram
Mojeed Adekunle Owoade, JCA Abubakar Mahmud Talba, JCA Mohammed Baba Idris, JCA

Appearances
Olugoke Aliu, Esq. For THE Appellant; Omosanya Popoola, Esq. For THE Respondent.

Judgement

ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Katsina State High Court delivered on 5th of October, 2017 in Suit No: KTH/27C/2016.

The appellant along with three other accused persons were arraigned before the High Court of Justice Katsina State for the offence of armed robbery contrary to Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap R 11LFN 2004. They were found guilty and sentenced to 21 years imprisonment.

The case of the respondent against the appellant and the three other convicts was that on 5th of September, 2016 one Gambo Mallam Ya’u (PW1) was robbed by four men armed with sticks, machetes and horns while they were masked.

At the trial seven (7) witnesses testified for the respondent and several exhibits were tendered and admitted in evidence, including the statements of the appellant, Exhibits C, D, C1 and D1. The appellant and the three other co-accused persons testified in their own d…

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