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SGT. MONDAY YAKUBU v. THE STATE

(2011) JELR 49200 (CA)

Court of Appeal  •  CA/A/245/C/2008  •  14 Apr 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; JIMI OLUKAYODE BADA JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Egbe, Kogi State in Charge No. HCL/18C/2002 - The State v. Sgt. Monday Yakubu and 4 Others delivered on the 11th day of May 2005.

The Appellant and 4 Others were charged for the offences of:-

(i) Criminal conspiracy, contrary to Section 93.

(ii) Culpable homicide, punishable with death contrary to Section 221 (a); and

(iii) Armed robbery contrary to Section 298(b) all of the Penal Code.

At the trial, the Prosecution called a total of 9 witnesses and tendered 29 exhibits.

The Appellant who was the 1st Accused at the lower Court challenged the voluntariness of the additional statement that he made to the Police. A trial within trial was ordered by the learned trial Judge. Two witnesses gave evidence for the Prosecution while the Appellant gave evidence at the trial within trial. In a considered Ruling, the learned trial Judge admitted the statements.

At theā€¦

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