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USMAN SHEU v. THE STATE

(2016) JELR 41714 (CA)

Court of Appeal  •  CA/IL/C.105/2014  •  22 Mar 2016  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; CHIDI NWAOMA UWA JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): The Appellant, who was the 2nd accused at the High Court (the trial Court) Kwara State, was arraigned on two (2) counts charge which alleged that the Appellant on or about 10th December 2007 together with one Hassan and another person both now late and two other persons at large attacked a 14-Passenger Bus along Jebba/Bode Sa'adu Road within the jurisdiction of the trial Court and at gun point robbed one Bode Samson and other passengers in the Bus of their properties, and did conspire to rob one Bode Samson and other passengers in the Bus of their belongings, contrary to Section 1(2) of the Armed Robbery and Fire Arms (Special Provision) Act No. 5, Cap. 398 Laws of Federation of Nigeria 1990 and 97 of the Penal Code. He pleaded not guilty to the charges and six (6) witnesses (tagged 1 - 6) testified for the prosecution. The Appellant gave evidence in his own defence and called no witness. Learned Counsel for both the pr…

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