Saleh Dawai V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 8th March, 2013 wherein the Lower Court dismissed the appeal of the Appellant and affirmed the decision of the trial High Court which convicted and sentenced the Appellant to 14 years imprisonment for the offence of Armed Robbery contrary to Section 2 (1) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990.

A brief facts of the case are that on the 31st day of January 2004, at Kachia in Kaduna State, the Appellant was alleged to have forcefully entered the residence of one Alhaji Maharazi Saidu while armed with a locally made pistol and robbed the said victim of the sum of N500,000= (five hundred thousand naira) only.

At the trial, the prosecution called four witnesses and tendered one exhibit to prove the charge against the Appellant while the Appellant gave evidence in his defence.

After the conclusion of the trial, the learned trial Judge convicted the Appellant for committing the offence of armed robbery and was

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accordingly sentenced to 14 years imprisonment.

Dissatisfied with the decision of the Learned trial judge, the Appellant filed an appeal at the Court of Appeal, Kaduna which dismissed the appeal for lacking in merit.

Being further dissatisfied with the judgment of the Lower Court, the Appellant has again, appealed to this Court. Notice of Appeal was filed on 5th April, 2013 which has two grounds of appeal. Out of the two grounds of appeal, the Appellant has formulated two issues for the determination of this appeal.

On 28th September, 2017 when this appeal was heard, the learned counsel for the Appellant, Tajudeen O. Oladoja, Esq., identified and adopted the brief of the Appellant which was filed on the 5th of September, 2013. The two issues are contained on page 4 of the said brief as follows: –

1. Whether the prosecution proved the case at the trial Court beyond reasonable doubt to warrant the affirmation of the conviction and sentence of the Appellant by the Court of Appeal.
2. Whether in the circumstances of this case, it was not imperative to conduct an identification parade in order to ascertain whether the Appellant was part of

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the Armed Robbery gang who robbed PW1.

Also, in the Respondent’s brief settled by Sakinatu Hassan Idris, Esq., and filed on the 16th day of September 2013, only one issue is donated for the determination of this appeal which states: –

“Whether the Court below was right to have affirmed the conviction and sentence of the Appellant for the offence of armed robbery.”