MOHAMMED
V.
STATE

(2018) JELR 46298 (CA)

Court of Appeal · CA/S/85C/2016 · 23 Feb 2018 · Nigeria

CORAM

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

evidence

counsel

confessional statement

learned trial judge

trial court

accused person

confessional statements

pw1

confessional statements of the appellant

offence of armed robbery

prosecution witnesses

pw3

supreme court

argument of counsel

instant case

pw5

judgment of the high court of kebbi state

reasonable doubt

case no. kb

contention of counsel

judgment of the court

judicial division

appellants brief of argument

backdrop of this position

case file

case of nwaebonyi

conviction of an accused person

count charge of armed robbery

determination of the court

earlier statement

extra judicial statements of the appellant

fact of armed robbery

leading judgment

learned trial judges decision

part of the respondent

police station

positive confession

question counsel

records of appeal

respondents brief of argument

retracted confession

robbery cases

said exhibits

settled position of the law

statement of the accused having regard

submissions of counsel

testimonies of pw1

weight of evidence

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Kebbi State per SANI ADAMU, J sitting at the Yauri Judicial Division, delivered on the 20th day of July, 2010 wherein the Appellant was convicted and sentenced to death, on a count charge of Armed Robbery, in Case No. KB/YR/HC/1C/2010. See pages 71-83 of the Records of Appeal for judgment of the High Court of Kebbi State. The Appellant was alleged by the Prosecution to have committed the offences alongside with five (5) other suspects namely: Daddu Bafillace, Bammi Magaji Bafillace, Kane Dan-Ashibi, Bako Beldo Bafillace and DunaWakili now at large.

Dissatisfied with the Judgment of the Court below, the Appellant has appealed to this Court vide his Notice of Appeal dated the 29th day of September, 2010. The Notice of Appeal contained three (3) Grounds of Appeal and is at pages 84-86 of the Record. These Grounds are reproduced without their particulars as follows;

GR…

MOHAMMED V. STATE

MOHAMMED
V.
STATE