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BITO SEMAKA V. THE STATE

(2018) JELR 39480 (CA)

Court of Appeal  •  CA/YL/45C/2016  •  28 Feb 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
E. B. Kizito For Appellant Hamidu Audu Director of Public Prosecutions Ministry of Justice, Taraba State appearing with him A. D. Mustapha SC I, C. M. Samuel SC I and E. T. Auderifun SC II For Respondent

Judgement
<p>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 7th July, 2015 in the High Court of Taraba State holden at Jalingo.</p><p>The Appellant and one other accused person were charged for conspiracy and robbery contrary to Sections 97(1) and 298(b) of the Penal Code, Laws of Taraba State. </p><p>The only witness called by the prosecution at the trial was Lavahij Zamber an Assistant Superintendent of Police attached to the State Criminal Investigation Department, Jalingo who said he was an Investigator.</p><p>On the 19th February, 2010, he was in the office when a case of Criminal Conspiracy and armed robbery was transferred from Donga Division to the State Criminal Investigation Department, Jalingo.</p><p>Cpl Sunday and himself were detailed to investigate.</p><p>He recorded the statements of the Appellant and the other accused person.</p><p>After taking the statements of the Appellant and the other accused person, he cautioned both of them. The statements were recoโ€ฆ</p>

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