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SAMUEL
V.
THE STATE

(2021) JELR 109627 (CA)

Court of Appeal 30 Dec 2021 Nigeria
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- This case involves an appeal filed by the convict/appellant against a decision of the High Court of Justice Borno State. - The appellant was charged with robbing a hotel in Maiduguri, Borno State, while armed with an AK 47 rifle. - The tr

Case Details

Suit Number:CA/G/21C/2021
Judges:Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA
Counsel:CHIEF C.H.O ACHUNULO with him V. O. NWACHUKWU ESQ, P. K. GAYUS ESQ, N. A IGBOJEKWE ESQ, N.E ODICHE ESQ For the Appellant; K. S. LAWAN HON. ATTORNEY GENERAL/COMMISSIONER FOR JUSTICE, BORNO STATE, with him A. S. KAIGAMA, DDPP, K. M. BULAMA, S. S.C., A. F. MACHINA, SSC AND H. UMAR For the Respondent.

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the convict/appellant against the decision of High Court of Justice Borno State in charge No. BOHC/MG/CR/35/2020 delivered on 10/11/2020.

The appellant was the accused at the lower Court. He was arraigned in a charge which read as follows:

“That you Victor Samuel ‘M’ of Multi National Joint Task Force Baga Local Government Area Maiduguri, and five (5) Others now at large on or about the 13th day of March 2019, at about 1200hrs, at Bright Hotel, Shagari Low-Cost area Maiduguri, Borno State, which is within the juridical of this honourable Court, while armed with dangerous weapon to wit: AK 47 rifles invaded Bright Hotel, Shagari Low-cost area Maiduguri and robbed the lodgers and management of the hotel of their valuables and cash to the tune of one million two hundred and twenty five thousand naira and you thereby committed an offence punishable under Section 298(b) of…

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