USMAN
V.
THE STATE

(2018) JELR 38982 (CA)    

Court of Appeal  ·  CA/K/412A/C/2017 ·  18 May 2018 ·  Nigeria
CORAM
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
appellant
armed robbery
conspiracy
respondent
confessional statement
evidence
j.s.c
trial court
accused person
death sentence
reasonable doubt
trial
appellate court
brief of argument
katsina state
appellants counsel
charge no.kth
illegal act
katsina judicial division
local government area of katsina state
proof of conspiracy
special provisions
uwani musa abba aji
age of the convicts
appellant lives
buhari sani of yarshanya village
buhari usman of ajiwa town
charge sheet
circumstantial evidence
confessional statements
defence of the appellant
exhibits 2a
following facts
ibrahim shata bdliya
judgment of the court
leading judgment
learned trial judge
neighbors house
notice of appeal
obietonbara o. danielkalio
per kekere-ekun
person live
public prosecution
respondent file
rules of this court
simon v. state
state v. ajayi
strength of his own confession
time of the commission of the offence
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 conspiracy to commit armed robbery to be remanded in prison at the Governors pleasure.

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

That you, (1) BUHARI USMAN of Ajiwa town, Batagarawa Local Government Area of Katsina State, and (2) BUHARI SANI of Yarshanya village, Batagarawa Local Government Area of Katsina State, on or about the 13th day of August, 2013, at Ajiya town, AGREED TO DO AN ILLEGAL ACT TO WIT; ATTACK and rob one Abdulrazak Idris and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 6(b) of the Robbery and Firearms (Special Provisions) Ac…

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