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BUHARI USMAN V. THE STATE

(2018) JELR 38982 (CA)

Court of Appeal  •  CA/K/412A/C/2017  •  18 May 2018  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Appearances
J.P. ISRAEL, ESQ., WITH HIM, M.O. ERIC, ESQ. For Appellant S.B. UMAR, ESQ., (DIRECTOR PUBLIC PROSECUTION, MINISTRY OF JUSTICE, KATSINA STATE), WITH HIM, A.A. IBRAHIM ESQ., CSC, AMINU GARBA, ESQ., CSC, M.M. MANI, ESQ., CSO AND FATIMA SADA, ESQ., SSC. For Respondent

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Honourable Justice I.B. Ahmed of High Court of Katsina State, Katsina Judicial Division in Charge No.KTH/23C/2014, delivered on 25/5/2017, wherein the Appellant was convicted and sentenced to death for conspiracy to commit armed robbery to be remanded in prison at the Governors pleasure.

The charge against the Appellant contained at page 1 of the records in the Charge Sheet dated 6/2/2014 reads as follows:

That you, (1) BUHARI USMAN of Ajiwa town, Batagarawa Local Government Area of Katsina State, and (2) BUHARI SANI of Yarshanya village, Batagarawa Local Government Area of Katsina State, on or about the 13th day of August, 2013, at Ajiya town, AGREED TO DO AN ILLEGAL ACT TO WIT; ATTACK and rob one Abdulrazak Idris and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 6(b) of the Robbery and Firearms (Special Provisions) Ac…

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