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NAFIU SA'ADU v. THE STATE

(2018) JELR 42085 (CA)

Court of Appeal  •  CA/K/57A/C/2010  •  8 Jun 2018  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

UWANI MUSA ABBA AJI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Honourable Justice Dije A. Aboki of High Court of Justice, Kano State, Kano Judicial Division in Charge No.K/25C/06, delivered on 28/12/2007, wherein the Appellant was convicted and sentenced for criminal conspiracy, culpable homicide punishable with death and robbery.

The charges against the Appellant contained at pages 1-3 of the records in the Charge Sheet dated 19/7/2006 read as follows:

1ST HEAD OF CHARGE:

That you Nafiu Saadu M, Samaila Musa M and Mohammed Gaddafi M on or about the 31st of July, 2004 at Farawaqtrs, Mariri, Tarauni Local Government within Kano Judicial Division agreed to commit an illegal act by killing and robbing one Sule Abdullahi and you thereby committed an offence punishable under Section 97(1) of the Penal Code.

2ND HEAD OF CHARGE:

That you Nafiu Saadu M, Samaila Musa M and Mohammed Gaddafi Mon or about the 31st of July, 2004 at about 1200 hrs at Farawaqtrs, Marir…

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