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BUHARI SANI V. THE STATE

(2018) JELR 38972 (CA)

Court of Appeal  •  CA/K/412B/C/2017  •  18 May 2018  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Appearances
J.P. ISRAEL, ESQ. WITH HIM, M.O. ERIC, ESQ. For Appellant S.B. UMAR, ESQ., (DIRECTOR PUBLIC PROSECUTION, MINISTRY OF JUSTICE, KATSINA STATE), WITH HIM, A.A. IBRAHIM ESQ., CSC, AMINU GARBA, ESQ., CSC, M.M. MANI, ESQ., CSO AND FATIMA SADA, ESQ., SSC For Respondent

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Honourable Justice I.B. Ahmed of High Court of Katsina State, Katsina Judicial Division in Charge No.KTH/23C/2014, delivered on 25/5/2017, wherein the Appellant was convicted and sentenced to death for armed robbery to be remanded in prison at the Governors pleasure.

The charges against the Appellant contained at page 1 of the records in the Charge Sheet dated 6/2/2014 read as follows:

COUNT ONE:

THAT YOU, BUHARI SANI of Yarshanya village, Batagarawa Local Government Area of Katsina State, on or about the 13th day of August, 2013, along Yarshanya village feeder road, in Batagarawa Local Government Area, attacked one Abdulrazak Idris and robbed him of the sum of N100,000.00 and at the time of the robbery, you were armed with offensive weapons such as stick and matchet with which you injured him and you thereby committed an offence punishable under Section 1(2), (b) of the Robbery and Fireโ€ฆ

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