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SAMSON UWEM SUNDAY v. THE STATE

(2017) JELR 38175 (CA)

Court of Appeal  •  CA/S/119C/2016  •  17 Mar 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of the High Court of Kebbi State sitting at Birnin Kebbi in which the Appellant, SAMSON UWEM SUNDAY along with one other were arraigned for the offences of conspiracy; illegal possession of Firearms and Armed Robbery contrary to Sections 5(b), 3(1) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN 1990 (as Amended) (See page 1-39 of the record) in charge No. KB/HC/RFT/25/2011. At the conclusion of trial the Appellant along with one other were convicted and sentenced for the offences charged.

The Respondents case before the trial Court was that sometime in the month of September 2009 the Appellant in company of two others now at large conspired among themselves to commit Armed Robbery in Birnin Kebbi while armed with a locally made pistol. The Appellant in the course of executing their agreed course of action were said to have robbed one ALHAJI FARUKU BAGUDU…

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