Ruwa Dikko V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the 3rd accused in Charge No KB/HC/ARF/6/2013. The lower Court gave judgment on 27/3/2014 convicting the 3rd accused in the following terms

?I have already accepted that there was an armed robbery at Suru Town organized and executed by all the accused persons including those still at large. I have also accepted that all the Robbers were carrying dangerous weapons which were used in robbing their victims PW?s 2 ? 6. I therefore agree with learned state counsel for the prosecution that to use a gun in the way and manner as proved in this case, the only natural and reasonable consequence is to cause death or attempt to cause death. It is proved beyond doubt that the 3rd and 5th accused persons were carrying guns although the gun held by the 5th accused was not functioning, the one held and shot by the 3rd accused was used on behalf of all the accused persons. One must admit that PW5 was miraculously lucky to come out with wounds as narrated by him in Court. I therefore hold that the

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prosecution has proved the charge attempted Culpable homicide contrary to Section 229 (1) of the Penal Code. The conclusion I reach are as follows:

1st Charge

I find that the 1st accused Muhammed Usman, 2nd accused Nura Sambo (alias Yellow) and 3rd accused Ruwa Dikko guilty of the offence of Conspiracy to commit Armed Robbery contrary to Section 6 (b) of the Robbery and Firearms (Special Provisions) Act 2004 and convict them accordingly.

2nd Charge

I find that the 1st accused Muhammed Usman, 2nd accused Nura Sambo (alias Yellow) and 3rd accused Ruwa Dikko guilty of the offence of robbery while armed with Firearms and cutlass contrary to Section 1 (2) (a) of the Armed Robbery contrary to Section 6 (b) of the Robbery and Firearms (Special Provisions) Act 2004 and convict them accordingly.

3rd Charge

I find that the 1st accused Muhammed Usman, 2nd accused Nura Sambo (alias Yellow) and 3rd accused Ruwa Dikko guilty of the offence of Criminal Conspiracy contrary to Section 97 of the Penal Code and convict them accordingly. 4th Charge

?I find that the 1st accused Muhammed Usman, 2nd accused Nura Sambo (alias Yellow) and 3rd accused Ruwa Dikko guilty of the

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offence of attempted culpable homicide contrary to Section 229 (1) of the Penal Code and convict them accordingly.?