ABDULLAHI
V.
STATE

(2018) JELR 39080 (CA)

Court of Appeal · CA/YL/133C/2017 · 22 May 2018 · Nigeria

CORAM

OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

evidence

trial court

exhibits b

armed robbery

reasonable doubt

english language

record of appeal

defence of alibi

inadmissible evidence

statements

accused person

confessional statements

lower court

admissible evidence

brief of argument

exhibit b

1st appellants grounds of appeal

cross-examination

earliest opportunity

exhibit c

appellants brief of argument

high court

high court of adamawa state

leading judgment

learned counsel

olalekan v. state

woru v. state

1st may

5th accused person

accused took part

background facts leadings

close of the prosecutions case

conclusion of evidence of defence

conclusion of the learned trial judge

criminal conspiracy

essential ingredients of the offence of armed robbery

evidence of witnesses

issue of proper identification of the 1st appellant

local government area of adamawa state

own defence case

point state

police station

question of the identification of the appellant

recorder of the exhibit c

recorder of those statements

tender statements of witnesses

terms of the identification of the accused person

voluntary statements

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The appellant and five others were arraigned at the High Court of Adamawa State, sitting in Yola, on a two-count-charge, for Criminal Conspiracy to Commit Armed Robbery and Armed Robbery, contrary to and Punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provision) Act, Cap 398 Laws of the Federation of Nigeria, 1990.

Trial commenced immediately after the taking of the plea of accused persons including the appellant but at the close of the prosecutions case who called evidence of two (2) witnesses, the 3rd and 4th accused persons were each discharged, upon the submission of a no case to answer, made on their behalf.

The appellant and the 2nd and 6th accused persons, in consequence, presented their own defence case. They led evidence of witnesses. The 5th accused person was not that lucky. The man died. He died while still in the custody of the prison authorities hence his name was struck out at the High…

ABDULLAHI V. STATE

ABDULLAHI
V.
STATE