(2008) JELR 49413 (SC)    

Supreme Court  ·  SC.207/2007 ·  23 May 2008 ·  Nigeria
Other Citations
Abdullahi v. State (2008) 17 NWLR (Pt. 1115) 203 SC (2008) 5-6 S.C. (Pt.I) 1 (2008) 5-6 S.C. (Pt.I) 1
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
Core Terms Beta
accused persons
identity of the appellant
armed robbery
reasonable doubt
accused person
trial court
armed robbers
court of appeal
case of the prosecution
earliest opportunity
robbery incident
3rd accused
armed robberies
evidence of pw1
judgment of the court of appeal
offence of armed robbery
first report
kogi state judicial division
names of the accused persons
okene high court
abu osah
benneth onwugbufors residence iruvuchaba okene
common sense
count charge of conspiracy
following ingredients of the offences
identity of the armed robbers
illicit act
leading judgment
learned counsel
learned trial judge
lone issue
monday lawal
morning of the days
name achuchukwu
name uchenna
offence of criminal conspiracy
part pw2
position of the law
proper identification of the appellant
respective brief of argument
said robberies
second armed robbery incident
totality of the evidence
visual identification of the appellant

KATSINA-ALU, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 16 January 2007. The appellant and five others were the accused persons at the trial court. They were charged before Okene High Court on a two count charge of conspiracy and learned armed robbery as follows:

"That you Monday Lawal, Abu Osah, Enesi Lukman Abdullahi, Abdulazeez Hassan, Hassan Suberu, and Mohammed Ismaila on or about the 9th and 11th of August 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvuchaba Okene in Okene Local Government Area within the Kogi State Judicial Division agreed to an illicit Act, to wit, you agreed to commit armed robbery at the premises of Paul Nzeni and Benneth Onwugbufors residence lruvucheba Okene and that same act was done in pursuance of the agreement and that you thereby committed the offence of criminal conspiracy punishable under section 97(1) of the Penal Code.

That you, Monday LawaI, Abu Is…

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