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ABDULLAHI
V.
STATE

(2016) JELR 39681 (CA)

Court of Appeal 29 Jul 2016 Nigeria
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Case Details

Suit Number:CA/IL/C.28/2015
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Counsel:Teju Adigun with him, Titilope Jonathan (Miss) For Appellant Ayoola Idowu Akande (ACSC, MOJ Kwara State) with him, Kayode Adekeye (SC) For Respondent

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The judgment is in respect of the appeal against the decision of T.S.Umar. J, of the High Court of Kwara State, sitting in Ilorin delivered on 18th September, 2014. In the said judgment, the trial Court convicted the Appellant of the offences of Criminal Conspiracy punishable under Section 97 of the Penal Code and Robbery punishable under Section 1 (1) of the Robbery and Firearms (Special Provisions) Act, Cap,R11, Laws of the Federation of Nigeria, 2004.

The charge before the trial Court was filed against the Appellant as 1st accused person and one Abubakar Umaru as the 2nd accused person. However before their arraignment, the said Abubakar Umaru jumped bail. The learned trial Judge granted the prosecution's application to separate the trial of the Appellant from his co-accused person who was at large; whereupon the Appellant was tried under the two (2) count charge brought against him.

The charge sheet read thus:

COUNT ONE

T…

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