Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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