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LAWAL
V.
STATE

(2018) JELR 39270 (CA)

Court of Appeal 28 Mar 2018 Nigeria
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Case Details

Suit Number:CA/K/462B/C/2017
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Counsel:Obegolu, Esq. For Appellant Ibrahim, Esq. (Assistant Chief State Counsel, Ministry of Justice, Katsina) For Respondent

IBRAHIM SHATA BDLIYA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State High Court, (the lower Court) in charge No. KTH/24C/2012 delivered on the 4th of May, 2017, by YUSUF, C. J. The appellant, with one other person, one Saifullahi Ibrahim, were alleged to have robbed Hammani Aliyu Dari of his Peugeot Car and the sum of Twenty-three thousand naira (N23,000.00) while armed, on the 20th of June 2011. The appellant and one other were arrested after investigation by the police. They were arraigned before the lower Court on the 21st of January 2013. They pleaded not guilty to the charge. Thereafter, the prosecution did not prosecute the case diligently, consequently, same was struck out on 26th of February 2013. The charge was relisted upon an application by the prosecution.

The plea of the appellant was not taken again, and the hearing of the case proceeded, whereat, witnesses testified, and documents were admitted in evidence. The learne…

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