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ISAH BALA USMAN V. KANO STATE

(2023) JELR 110142 (SC)

Supreme Court  •  SC.1050C/2019  •  6 Jan 2023  •  Nigeria

Coram
John Inyang Okoro JSC Amina Adamu Augie JSC Adamu Jauro JSC Tijjani Abubakar JSC Emmanuel Akomaye Agim JSC

Appearances
OLUWASEYILAYO OJO, ESQ. with him, OLANIYI ANJORIN, ESQ. For the Appellant; AMINA YUSUF YARGAYA, ESQ. SOLICITOR GENERAL, MINISTRY OF JUSTICE, KANO STATE with her, BASHIR SALEH, ESQ. Deputy Director, Sharia Department; RABIAT SA'AD SULEH, ESQ. Principal State Counsel; RAFSANJANI DAN DAGO, CT ESQ, State Counsel and IBRAHIM ARIF GARBA, Esq, State Counsel for the respondent.

Judgement

ADAMU JAURO, J.S.C. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Kaduna Judicial Division delivered on 30th May, 2019 in appeal no. CA/K/138A/C/2017 wherein the Court affirmed the conviction and sentence imposed on the Appellant by the High Court of Kano State.

Brief facts of the case

The Appellant was the 1st accused person at the trial Court and he was arraigned with five other persons on a two-count charge which read as follows:

"FIRST HEAD OF CHARGE

That you, Isa Bala Usman, ”M" of Zawachiki Quarters, Kano, Abubakar Idris "M" of Unguwar Loko Zawachiki quarters Kano, Nura Shuaibu "M" of Zawachiki quarters Kano, Wada Hassan "M" of Yankusa quarters, Kumbotso, Kano, Am inn Ahmed "M" of Isamawa Village, Kumbotso, Kano, and Abbas Mohammed "M" of Ungowar Makeri Panshekara quarters, Kano on or about the 18th day of November, 2010 at about 2:50am at Zawachiki quarters, 1000 Unit of housing estate Kano, within the Kano Judicial Division ag…

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