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NAFIU YUSUF v. THE STATE

(2018) JELR 38545 (CA)

Court of Appeal  •  CA/S/72C/2016  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, JCA (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Kebbi State, sitting at Birnin Kebbi Coram: IBRAHIM B. MAIRIGA, CJ. in Case No. KB/HC/RF/14/2015, delivered on the 31st day of March, 2016 wherein the Appellant was convicted and sentenced to death for the offences of Conspiracy to commit Armed Robbery and Armed Robbery, contrary to Sections 5(b) and 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, 1990.

Trial commenced at the Court below on the 24th day of June, 2015 after all four (4) Accused persons, one of whom was the Appellant pleaded not guilty to the charges read against them. See pages 33 to 37 of the Records of Appeal. The prosecution called Five (5) witnesses who testified as the PW1, PW2, PW3, PW4 and PW5 tendered Exhibits 1, 2, 3, and 4 and thereafter closed its case. (See page 46 of the record of appeal). The Appellant as Accused person testified for himself and called no witnesses.…

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