Alhaji Musa Sani V. The State (2015)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.

The case of the prosecution is that the Appellant, Musa Sani, was said to have committed the offence of Armed Robbery and Fire Arms (Special Provisions) Act, Cap RII, Laws of the Federation of Nigeria 2004. He was said to have committed the alleged offence on the 28th day of May, 2008. The Appellant has emphatically denied knowing anything about the alleged Robbery as he was at LUNAR HOTEL at about 2.30 – 3.00 a.m. when the offence was said to have been committed. In a nutshell the Accused, now Appellant put up the defence of Alibi which the prosecution did not believe.

The prosecution on the 8th day of June, 2009 charged the Appellant together with one Ifanye Amah before the Katsina High Court in a charge of Armed Robbery punishable under Section 1(2) of the said Robbery and Firearms (Special Provisions) Act Cap R11, Laws of the Federation 2004.

CHARGE:

“THAT YOU ALH. MUSA SANI Of behind Zakka house, Kofar Marusa Lowcost Katsina and IFANYE AMAH of old Olympic hotel, Kofar Kaura Layout Katsina, Katsina Local Government Area of Katsina State, on or about the 28th day May 2008, committed robbery in that you did an act to wit: attacked and robbed one ABDULLAHI MOHAMMED (alias BODA) THE SUM OF Nine hundred and fourty thousand naira (N940,000:00); and at the time of the robbery you were armed with offensive weapons to wit: cutlass and iron rod, with which you threatened him and thereby committed an offence punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap RII Laws of the federation 2004.”

Both accused persons pleaded not guilty to the charge.

The Prosecution, in order to establish their case against the two accused persons, called Six Prosecution Witnesses, three of which were to be eye witnesses who testified as such. The two Accused persons including the Appellant made voluntary statements to the Police which were tendered in court as Exhibits. ….. The defence called two witnesses in their defence. None of the defence witnesses testified to the effect that the Appellant was not at the scene of the crime or the Appellant was with him or her at the time and hours the Appellant alleged that he was at Luna Hotel. The Appellant’s Counsel at the trial High Court kept mum vis-a-vis the defence of alibi.

At the end of the proceedings, in a reserved judgment, the learned trial court judge found the accused persons guilty and that they have no defence to the charge. Both Accused persons were then convicted of the offence and sentenced both to death. Even though the trial Judge Sada Abdu-Mumini J. confessed that the prosecution did not properly investigate this case. However the trial Judge nonetheless convicted the Appellant and the 2nd Accused and sentenced them to death. The trial Judge says on page 39.

“I have carefully examined all the circumstance of the case. I think the case has not been properly investigated. The two Accused persons in their respective statements Exhibit 1 and 2 have created the defence of Alibi by saying that at or about the material time. Of the robbery they were at Lunar Hotel Katsina. If there were proper investigation the police ought to have investigated this aspect of the statements prosecution have tendered the statement as evidence in the matter knowing very well what they contained. Proper investigation if conducted would have revealed if what the two Accused persons claimed were true or not i e whether they are at Lunar Hotel at the time they claimed or not”.

The 1st accused person, Musa Sani now the Appellant, unsuccessfully appealed to the Court of Appeal hereinafter called court below.

The Appellant filed an appeal against the judgment of the trial court on the three grounds, namely:-

“Ground 1

The learned trial judge erred in law when he convicted the Appellant under section 1(2)(a) of the Robbery and Firearms Act and sentenced him to death where the prosecution failed to establish the ingredients of the offence against him.

Particulars of Error