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BABANGIDA SALE v. THE STATE

(2017) JELR 38246 (CA)

Court of Appeal  •  CA/S/83C/2016  •  22 Mar 2017  •  Nigeria

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

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of appeal filed by the appellant on 10/7/2015 against the decision of Ambursa J, delivered on 10th June, 2015.

The appellant herein was arraigned before the Kebbi State High Court charged with conspiracy to commit robbery, armed robbery and being an idle person with no ostensible means of subsistence contrary to Sections 6 (b) and 1(2) (a) of the Robbery and Firearms Act, Cap 398 Laws of the Federation of Nigeria as well as Section 406 of the Penal Code. The charges against the appellant read as follows: -

CHARGE NO. 1

That you Babangida Sale M and Haruna M on or about the 25th day of January, 2013 at about 18:00 hours along Makirin-Karagashi Road, Birnin Yauri, Ngaski Local Govt Area within the jurisdiction of this Honourable Court, agreed to do an illegal act, to wit, you fully armed with a cutlass and knife, attempted to hit one Muhammadu Mashayabo M with the said lethel weapon as a resul…

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