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ABDULLAHI USMAN (A.K.A. BATURE) V. THE STATE

(2015) JELR 55349 (CA)

Court of Appeal  •  CA/K/400/C/2013  •  10 Feb 2015  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA (Presided) ISAIAH OLUFEMI AKEJU JCA HABEEB ADEWALE O. ABIRU JCA (Read the Lead Judgment)

Judgement

ABIRU JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Kaduna State High Court in Charge No. KDH/KAD/ 5C/2007 delivered by Honorable Justice G. I. Kurada on 29 June 2010. The appellant, along with four other persons, was arraigned before the lower court on a two count charge of armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1990, as amended. The appellant was the fourth accused person and he was alleged to have attacked, in the company of the four other persons, one Auwal Zakari Alhassan and one Salisu Zakari and members of their family at No. 25, Kwoi Street, Zango, Tudun Wada, Kaduna in the night of 14 August 2006 at about 2.40am while armed with sticks, iron rods,machetes and other dangerous weapons and to have, along with those persons, stolen the sum of N60,000.00 (sixty thousand naira) and one mobile phone handset from Auwal Zakari Alhassan and the sum of N5,000.00 (five thousand naira) and oneā€¦

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