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UMARU
V.
STATE

(2022) JELR 110836 (CA)

Court of Appeal 20 Oct 2022 Nigeria
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- Babuga Umaru, the appellant, was charged with armed robbery under the Robbery and Fire Arms (Special Provisions) Act along with two others. - The prosecution presented two witnesses and the statements of the three defendants as evidence.

Case Details

Suit Number:CA/ABJ/CR/915/2021
Judges:Moore Aseimo Abraham Adumein JCA Bitrus Gyarazama Sanga JCA Olasumbo Olanrewaju Goodluck JCA
Counsel:O. S. Kehinde, Esq. for the Appellant; Nasara Danmallam, Esq. (Attorney General of Niger State), with him, M. A. Kutigi, Esq. (Assistant Chief State Counsel, Niger State Ministry of Justice) for the Respondent.

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the first defendant in Suit No. NSHC/MN/30C/2017 filed in the High Court of Niger State, holden at Minna, where he and two other persons were arraigned and charged, in an amended charge, as follows:

"That you Babuga Umaru, Ibrahim Dabo and Barau Umaru in company of the following persons now at large Goodluck alias Jaye, shamadara, Lawali, Doka, Dangi, Bareri Umaru on or about the 11th day of March 2016 at Angwan Makeri village via Sarkin pawa within the jurisdiction of this Honourable Court, while armed with offensive weapons to wit; gun, sticks and cutlasses, robbed one Lawal Dabo of his cattle comprising 85 cows and 57 sheep. You thereby committed the offence of armed robbery punishable under Section 1 (2) (a) and (b) of the Robbery and Fire Arms (Special Provisions) Act Cap. R11. LFN 2010". 

At the trial, the prosecution fielded two witnesses - PW1 (the victim of the alleged crime) and PW2 (the…

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