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ILIYASU SUBERU v. THE STATE

(2010) JELR 47586 (SC)

Supreme Court  •  SC.199/2009  •  19 Mar 2010  •  Nigeria

Coram
NIKI TOBI JSC; IKECHI FRANCIS OGBUAGU JSC; JAMES OGENYI OGEBE JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

J. A. FABIYI: J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the court of appeal, Abuja Division (hereafter referred to as 'the court below') delivered on 30th April, 2009 which upheld the decision of Olusiyi, J. of the High Court of Justice, Okene, Kogi State on 28th May, 2007.

The appellant was charged along with three (3) other accused persons with the offences of criminal conspiracy and armed robbery contrary to section 97(1) and 298 (c) of the Panel Code. The prosecution called three (3) witnesses and closed its case. A no-case submission was made on behalf of the appellant. The trial judge overruled it. The appellant appealed to the court below which dismissed same. The appellant has further appealed to this court.

It is apt to state the facts of this matter briefly. P.W.1 came from Port Harcourt to visit his family in Okene on 30th April, 2003. At about 11.00 pm, he heard a noise on the deck of his house. When he opened the door to find out…

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