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UMORU USUFU V. THE STATE

(2006) JELR 46620 (CA)

Court of Appeal  •  CA/L/81A/03  •  29 Nov 2006  •  Nigeria

Coram
ISA AYO SALAMI JCA; RAPHEL CHIKWE AGBO JCA; PAUL ADAMU GALINJE JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The appellant herein and two others were arraigned before the Criminal Division of the High Court of Lagos State charged with conspiracy to commit robbery and armed robbery contrary to sections 403(A) and 402(2)(a) of the Criminal Code Law, Cap. 32, Laws of Lagos State of Nigeria, 1994 respectively. The two others are Sumaila Sokoto and Danladi Abdullahi.

The particulars of the offence for which the appellant and the two others were charged are that on or about the 12th day of September, 1981, the appellant and the two others conspired with others still at large to rob one Mrs. Rhoda Atiati and in furtherance of that conspiracy did rob the said Rhoda Atiati of the sum of two hundred naira (N200.00) while armed with offensive weapons to wit; cutlass and knives.

In order to prove its case, the prosecution called two witnesses and tendered in evidence, the extra judicial statements of the three accused persons which were admit…

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