Ali Mohammed V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment)

This is an Appeal from the Judgment of the High Court of Justice of Nasarawa State sitting in Lafia, delivered on the 30th June 2015, wherein the Appellant and two other co-accused persons, Yusuf Sani and Jibrin Umar, were convicted and sentenced to 21 years imprisonment each for the offences of conspiracy and armed robbery.

A summary of the facts of the case leading to the Appeal is that the Appellant, alongside the two other persons, were arrested and charged for the offences of conspiracy and armed robbery contrary to and punishable under Sections 6 (b) and 1(2) of the Robbery and Firearms (Special Provisions) Act, 2004. The accused persons were arrested by a vigilante group and handed over to the Police at the Mararaban Udege Police Station in Nasarawa Local Government Area of Nasarawa State.

Upon the legal advice received from the Nasarawa State Ministry of Justice, the accused persons were arraigned before the Nasarawa State High Court of Justice, Lafia on two counts of charge for conspiracy and armed robbery, to which they pleaded not guilty.

?Both the

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prosecution and the defense adduced evidence by calling witnesses and tendering documents. At the close of trial and the adoption of Counsel addresses, the trial Court delivered Judgment on 30th June, 2015, wherein it convicted the Appellant and the two other co-accused persons namely, Yusuf Sani and Jibrin Umar, for the offences as charged and sentenced them to 21 years imprisonment each. Dissatisfied with the Judgment of the trial Court, the Appellant lodged this Appeal complaining on six grounds vide a Notice of Appeal dated and filed on 23rd September, 2015.

When the Appeal was called up for hearing on 14-11-2016, and in accordance with the Rules of this Court governing criminal trials, the respective Counsel representing the Appellant and the Respondent each adopted their Briefs of argument and urged the Court in line with the prayers in their Briefs of argument.

In arguing the Appeal, the Appellant formulated the following three issues for determination from the six grounds of Appeal:

a. Whether the trial Court was right to have convicted the appellant for the offence of conspiracy. (Ground 1)

b. Whether in view of the entire

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circumstances and the evidence presented during trial, the trial High Court was right to have attached probative value to Exhibits A, B and C, the alleged confessional statements of the Appellant, without ordering a trial within trial. (Grounds 2 and 4)

c. Whether the Respondent has proved its case beyond reasonable doubt to warrant the trial High Court to have convicted and sentenced the Appellant for the offences of conspiracy and armed robbery. (Grounds 3, 4 and 5)