Mohammed V. State (2022)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Jos Division or lower Court or Court below delivered on the 16th of July, 2018, Coram: H.A.O. Abiru, U. Onyemenam and E.O. Williams-Dawodu JJCA. The lower Court set aside the judgment of the trial Court which had acquitted and discharged the appellant and in its place the Court below found appellant guilty of the offence of armed robbery and criminal conspiracy.

The appellant was one of the three accused persons arraigned and tried before the High Court of Justice, Bauchi State for the offences of conspiracy to commit robbery and robbery contrary to Sections 97 and 298 (b) of the Penal Code, Cap 108, Laws of Bauchi State, 1999. The fourth accused person was only charged with instigating the three accused persons to commit robbery contrary to Section 85 of the Penal Code, Cap, 108, Laws of Bauchi State, 1999.

FACTS RELEVANT TO THE APPEAL

The charges preferred against the appellant are as detailed below:

COUNT ONE

That you Abdulhamid Musa, Ahmed Muhammed and Suleiman Abdullahi all of Nasarawa Jahun Ward, Bauchi Local Government, Bauchi on the 4th day of October, 2013 or thereabout conspired among yourselves to commit the offence of Criminal Conspiracy contrary to Section 97 of the Penal Code Laws of Bauchi State and triable by this Court.

COUNT TWO

That you Abudlhamid Musa, Ahmed Muhammed and Suleiman Abdullahi of Nasarawa Jahun Ward, Bauchi LGA, Bauchi on the 4th day of October, 2013 while armed with dangerous instruments, to wit a knife robbed one Idris Wakil of Jahun Ward, Bauchj Local Government, Bauchi of his Keke Napep tricycle yellow in colour with reg.no.QW 056 Bau valued at N380,000 and a three sim handset valued N2,500.00 and the sum of N1,500 after stabbing him with a knife near Polo Club along Bauchi-kano Road, in the Bauchi Judicial Division, thereby committed the offence of Robbery contrary to Section 298(b) of the Penal Code, Cap.108, Laws of Bauchi State, 1991.

COUNT THREE

That you Adamu Suleiman of Nasarawa Jahun Ward Bauchi on the 4th October, 2013 or thereabout instigated Abdulhamid Musa, Ahmed Muhammed and Suleiman Abdullahi all of Nasarawa Jahun Ward, Bauchi to commit the offence of robbery and in consequence, they committed the robbery against one Idris Wakili, in the Bauchi Judicial Division, thereby committed the offence of abetment contrary to Section 85 of the Penal Code, Cap 108, Laws of Bauchi State, 1991.

Upon arraignment, the appellant and his co-accused persons pleaded not guilty to the charges and the case proceeded to trial. The prosecution called eight witnesses and tendered ten exhibits which were marked Exhibits A, B, C, ,D, E, F, G, H, I AND J. The appellant testified on his own behalf and called no other witness.

BACKGROUND FACTS

It was the case of the prosecution that the appellant and his co-accused persons on 4th October, 2013 robbed one Idris Wakil of his Keke Napep tricycle yellow in colour with registration number QW056BAU valued at N380,000 and one 3-sim handset valued at N2,500 and the sum of N1,500 after stabbing him with a knife.