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
a1
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…

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