YA'U
V.
STATE

(2012) JELR 49268 (CA)    

Court of Appeal  ·  CA/K/18/C/2010 ·  20 Dec 2012 ·  Nigeria
CORAM
AMIRU SANUSI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
counsel
appeal
trial
trial court
issues
ground of appeal
supreme court
criminal procedure code
learned trial judge
notice of appeal
grounds of appeal
case submission
offence of armed robbery
3rd accused person
accused persons
guilt of the accused person
laws of the federation of nigeria
notice of preliminary objection
high court of justice
issue of the improper arraignment of the appellant
kaduna state
local government area of kaduna state
appellant zakari ya
benefit of the others
careful study of the records of the lower court
case file
claim of the learned trial judge
close of the case
counsel o.e. ogunniran esq
decision of the lower court
grounds of the objection
issue no.
iwara vs itam
judgment of kaduna state high court
judgment of the trial court
leading judgment
official language of the court
penal code law
present case
root of the entire proceedings
said notice of appeal
substantive issue of law
such fact
thrash hold issue
trial judge

ABDU ABOKI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court delivered on 28/10/2010 by G.I. Kurada J whereby the appellant was convicted and sentenced to death for the offence of Armed Robbery.

The charge against the Appellant who was the 3rd accused person and three other accused persons he charged along with, is adumbrated as follows:

THE CHARGED:

"COUNT ONE:

That you MOHAMMED IBRAHIM (M), YAKUBU UMAR (M), ZAKARIYA'U (M), HUSSAINI (M) (at large) on or about the 22nd of March 2001 at Tafa village Kagarko Local Government Area of Kaduna State conspired together to rob LIBABATU ABDULAHI (F), HADIZA MUSA (F) and HADIZA AHMADU (F) and thereby committed an offence punishable under section 97 of the penal code law and triable by the High Court of Justice, Kaduna State.

COUNT TWO:

That you MOHAMMED IBRAHIM (M), YAKUBU UMAR (M), ZAKARIYA'U (M), HUSSAINI (M)

(at large) on or about the 22nd of March 2001 at Tafa village Kagarko Local…

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