The State V. Abdullahi Sani (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The respondent as the 2nd accused person was arraigned before a Katsina State High Court on two counts which reads:

COUNT ONE

That you 1. Babangida Gambo 2. Abdullahi Sani on or about the 22th July 2004 around 2.50 hours at Tsame quarters in Daura, Daura Local Government Area of Katsina, State committed the offence of robbery by breaking into the house of one Salisu Lawal while armed with dangerous weapons to wit:

Sticks, Knives, Sword, Gun, attacked the said Salisu Lawal and members of his family, threatened to kill him and robbed him of the sum of 108,000.00. 100 France Francs and other valuables including one Radio Cassette recorder, two transistor Radio, one Toshiba Video machine, one Phillips pressing iron, two pairs of caftan and Trousers, and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms Act, Cap 398 Laws of the Federation of Nigeria 1990.

COUNT TWO

That you 1. Babangida Gambo 2. Abdullahi Sani on or about the 22 July 2004 around 2.50 hours at Tsame quarters in Daura, Daura Local Government Area of

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Katsina State committed the offence of robbery by breaking into the house of one Hadiza Salisu while armed with dangerous weapons to wit:

Sticks, Knives, Sword, Gun, attacked her and robbed her of four bundles of wrappers valued at N11,200.00, two women sewn cloths valued at 400,00, a Roll of Toilet Soap valued N150 and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms Act, Cap 398 Laws of the Federation of Nigeria 1990.

The respondent as the 2nd accused person entered not guilty pleas to both counts.

In proof of its case the prosecution called its first witness on 27 July, 2005 and ended up calling five witnesses. The appellant gave evidence in his defence but did not call any witness. A trial within trial was conducted but a strange procedure was adopted by the learned trial judge. This procedure would be addressed later on in this judgment. In a Ruling delivered on the trial within trial the appellant’s statements were admitted as exhibits F and F1.

Aside from exhibits F and F1, exhibit A, Stick, exhibit B, Sword, exhibit C, Stick and exhibit D Hoe handle, exhibit E and E1 statement of 1st

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