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IBRAHIM YAHAYA v. THE STATE

(2016) JELR 36998 (CA)

Court of Appeal  •  CA/K/281/C/2014  •  19 Feb 2016  •  Nigeria

Coram
HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Katsina State High Court delivered on 27th July, 2012 in charge No.KTH/27/C/2002 dated 24th December, 2002. The Appellant as the 6th accused person was charged along with five (5) other persons on a one count charge of the offence of armed robbery punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act, in that the Appellant along with the 5 other accused persons on or about the 22nd day of February, 2001 at about 0230hrs at Sabuwar Kasa village in Kafur Local Government Area of Katsina State attacked Alhaji Ummaru Masanawa (the village head of Sabuwar Kasa) with a gun and dispossessed him of the sum, of about N30,000.00 cash and thereafter shot him with the said gun which led to his death.

The Appellant pleaded not guilty to the charge consequent upon which the prosecution called 8 witnesses and tendered several exhibits including Exhibits 10A and 108…

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