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MUSTAPHA UMAR v. THE STATE

(2016) JELR 41695 (CA)

Court of Appeal  •  CA/A/515C/2013  •  8 Jun 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; MOORE ASEIMO A. ADUMEIN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Niger State sitting at Suleja; by a notice of appeal dated the 12th March 2014, and filed on the 16th of May 2014 same having been deemed properly filed on the 9th of September, 2014.

The appellant and three co-accused persons were charged with conspiracy, culpable homicide and robbery, contrary to Sections 97, 221 and 298 of the Penal Code respectively; the appellant was convicted on the 18th of April, 2013, and sentenced to death for the offences of conspiracy and culpable homicide, and to seven years imprisonment for robbery; the charges are as follows:

That you Mustapha Umaru, Shuibu Bawa, Awalu Yahaya and Bello Sani Danlami all M of Bulasawa Filling Station Suleja on or about 2030 hrs, on the 21st Day of December 2010 conspired amongst yourselves to commit felony to wit, by given Battery acid to one Umaru to drink now deceased and later robbed the office of the m…

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