ABU
V.
STATE

(2021) JELR 108752 (CA)

Court of Appeal · CA/G/53C/2020 · 22 Jul 2021 · Nigeria

CORAM

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

Core Terms ^Beta

appellant

state

evidence

armed robbery

confessional statement

lower court

persons

accused person

trial court

offence of conspiracy

uncompleted building

special provisions

accused persons

offence of armed robbery

learned trial judge

public place

confessional statements

criminal conspiracy

reasonable doubt

supreme court

lesser offence

position of the law

years imprisonment

gang of persons

gang of thieves

gombe state

totality of the evidence

confessional statement of an accused person

facts of the case

appellant’s brief

circumstances of his arrest

close of trial

corroboration of the confession

counts of criminal conspiracy

court of justice

dangerous weapons

evidence of pw1

following ingredients

high court of gombe state

high court of justice of gombe state

judgment of the high court of justice

leading judgment

learned trial court

physical evidence

prosecution witnesses

right time

sa’ad mohammad j.

stealing item

three-count charge

time of his arrest

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State, delivered by Sa’ad Mohammad J., on 5th November, 2003. Therein, the Appellant was convicted for two counts of criminal conspiracy to commit armed robbery and belonging to a gang of thieves contrary to Section 1(2) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation, 1990 and Section 306 of the Penal Code respectively.

The facts giving rise to the appeal may be summarized as follows: vide a three-count charge, the Appellant (Danjuma Abu) was charged along with five other persons as follows:

"COUNT ONE (1):

That you Itama Jacob, Gowon Ahmadu, Isa Ibrahim, Danjuma Abu, Linus Paris, Babangida Mohammed, together with Aliyu Isa and Yakubu Adamu both deceased, on or about the 31st day of March, 2000 at Jankai quarters within Gombe Metropolis, while armed with a locally made revolver pistol with four rounds of 303 live ammunit…

ABU V. STATE

ABU
V.
STATE