ILIYASU SUMAILA V. THE STATE

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Judgment of High Court of Justice, Okene, Kogi State in Charge No: HCO/01CR/2009 - The State v. Iliyasu Sumaila delivered on the 13th day of November, 2009 wherein the Appellant was convicted of armed robbery contrary to Section 298(c) of the Penal Code and sentenced to twelve years imprisonment.

Dissatisfied with the Judgment the Appellant now appealed to this Court.

The learned Counsel for the Appellant formulated two issues for the determination of the appeal. The issues are set out as follows:-

(1) Whether on a calm and careful consideration of the legally admissible evidence adduced at the trial, the learned trial Judge was right to hold, as he did, that the prosecution had proved its case against the Appellant beyond reasonable doubt (Grounds 1, 2 and 3 of the Amended Notice of Appeal).

(2) Whether in view of the learned trial Judge's failure to comply with Section 197 of the CPC, the sente…