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CaseLaw

Abubakar Mohammed V. State (2019) CLR 3(b) (SC)

Judgement delivered on March 15th 2019

Brief

  • Unlawful possession of Firearms and ammunition
  • State High Court jurisdiction to try offences under the Robbery and firearms (Special Provisions) Act
  • Judicial divisions of state High Court
  • Section 5(6) of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 9 of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 3(1) of the Robbery and Firearms (Special Provisions) Act 2004
  • Section 272(1) of the 1999 Constitution
  • Section 357(1) of the Criminal Procedure Code
  • Section 134 of the Criminal Procedure Code
  • Section 187 of the Criminal Procedure Code
  • ection 270(1) of the 1999 Constitution

Facts

This is an appeal from the decision of the Court of Appeal, Yola Division delivered on 8th February, 2013 which affirmed the judgment of the learned tried Judge which convicted the Appellant alongside 3 others for the offence of conspiracy and unlawful possession of firearms contrary to Section 5 (6) and 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004. The three other persons with whom the Appellant was charged pleaded guilty and were summarily convicted by the learned trial Judge on 29th July 2009. Being dissatisfied with the decision of Court below, the Appellant filed a notice of appeal dated 12th April 2013 and filed on 15th April 2013.

SUMMARY OF FACTS

The Appellant was arraigned alongside three others before the Chief Judge of Taraba State on two counts of conspiracy contrary to Section 5 (6) of the Robbery and Firearms (Special Provisions) Act 2004 punishable under same and illegal possession of firearms contrary to Section 3 (1) of the Act. When arraigned, on 29th July, 2009 before the learned trial Judge, the Appellant and the other 3 with whom he was charged all pleaded guilty to the charges and were summarily convicted and sentenced to N20,000.00 fine in respect of the offence of conspiracy contrary to Section 5 (b) and 10 years imprisonment in respect of the offence of illegal possession of firearms contrary to Section 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004.

Being dissatisfied with the judgement of the trial Court, the Appellant filed an appeal at the Court of Appeal, Yola Division vide a Notice of Appeal dated August 2009. The Court below also dismissed the appeal in its judgement of 8th February 2013. Still being dissatisfied with the judgment of the Court below, the Appellant filed this appeal vide a Notice of Appeal of four grounds dated 12th April 2013.

Issues

  • 1
    Whether the Court of Appeal was right in law when it affirmed the...
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