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GARBA
V.
THE STATE

(2025) JELR 114969 (SC)

Supreme Court 25 Apr 2025 Nigeria
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Case Details

Suit Number:SC/232/2018
Judges:UWANI MUSA ABBA AJI, J.S.C. IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. EMMANUEL AKOMAYE AGIM, J.S.C. CHIOMA EGONDU NWOSU-IHEME, J.S.C. STEPHEN JONAH ADAH, J.S.C.
Counsel:Noah Ajare, Esq. for the Appellant. M.S. Atolagbe, Esq. (with him, Attorney-General of Kwara State) for the Respondent.
Location:Abuja

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The prosecution’s case was that on 16/08/2012 and 20/08/2012, the appellant and the two other accused persons at a junction along Babanla Village Road and Fulani Camp Oro-Ago, Kwara State, while armed with guns and cutlasses, robbed Alhaji Guwa Mohammed (PW4), Adamu Mohammed (PW2), and Umar Gegele (PW3), of money, handsets, polythene bag containing meat and handset. The appellant and the other accused persons mistakenly handed over their polythene bag containing rubber shoes to PW2. The appellant and the other accused persons went to the Fulani camp, Oro-Ago and demanded the return of the bag containing rubber shoes and also demanded money. They threatened to kill PW2 and PW3 if they would not give them money. Meanwhile, the appellant and the 2nd accused person shot into the air. PW2 used his cutlass and inflicted injuries on the appellant’s hand. The gun dropped. The Vigilante along with policemen at Omu-Aran took the app…

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