(2018) JELR 38972 (CA)    

Court of Appeal  ·  CA/K/412B/C/2017 ·  18 May 2018 ·  Nigeria
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
Core Terms Beta
armed robbery
confessional statement
trial court
accused person
appellants house
death sentence
reasonable doubt
appellate court
brief of argument
ingredients of armed robbery
katsina state
local government area of katsina state
13th day of august
appellants counsel
buhari sani of yarshanya village
charge no.kth
circumstantial evidence
katsina judicial division
leading judgment
uwani musa abba aji
age of the convicts
arrest of the appellant
charge sheet
circumstances of this case
confessional statements
criminal procedure code
determination of the appeal
exhibits 1a
following facts
houses of the appellant
judgment of the court
learned trial judge
notice of appeal
obietonbara o. daniel-kalio j.c.a.
offensive weapons
per ogunbiyi
person lives
public prosecution
respondent file
rules of this court
simon v. state
state v. ajayi
sum of n100,000.00
time of the robbery
victim of the armed robbery

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Honourable Justice I.B. Ahmed of High Court of Katsina State, Katsina Judicial Division in Charge No.KTH/23C/2014, delivered on 25/5/2017, wherein the Appellant was convicted and sentenced to death for armed robbery to be remanded in prison at the Governors pleasure.

The charges against the Appellant contained at page 1 of the records in the Charge Sheet dated 6/2/2014 read as follows:


THAT YOU, BUHARI SANI of Yarshanya village, Batagarawa Local Government Area of Katsina State, on or about the 13th day of August, 2013, along Yarshanya village feeder road, in Batagarawa Local Government Area, attacked one Abdulrazak Idris and robbed him of the sum of N100,000.00 and at the time of the robbery, you were armed with offensive weapons such as stick and matchet with which you injured him and you thereby committed an offence punishable under Section 1(2), (b) of the Robbery and Fire…

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