Musa V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division (hereafter to be called the Court below), delivered on the 9th of February, 2018.

The appellant and other accused persons were convicted and sentenced to 40 years imprisonment for the offences of conspiracy and armed robbery contrary to Section 97(1) and 298 respectively, of the Penal Code Law of Kano State.

The charges against them in the amended charge sheet dated 14/7/2010, read as follows:

1st Head of Charge

That you, Alhaji Tahir Yahaya, Salisu Adamu, Usman Hamza, Sani Ayuba, Muhammed Musa and Maikudi Haliu, on or about the 5th September, 2007 at about 1930hrs, at No. 900 Muhammed Gauyana Road, Hotoro GRA in Nasarawa Local Government Area, Kano State within the Kano Judicial Division, agreed to do an illegal act, to wit: rob Aisha Muhammed Yakassai of No. 900 Muhammed Gauyana Road, Hoyoro and that the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 97(1) of the Penal Code (Cap 105) Laws of Kano State 1991.

2nd Head of Charge

That you, Alhaji Tahir Yahaya, Salisu Adamu, Usman Hamza, Sani Ayuba, Muhammed Musa and Maikudi Haliu, on or about the 5th September, 2007 at about 1930hrs, at No. 900 Muhammed Gauyana Road, Hotoro GRA in Nasarawa Local Government Area, Kano State within the Kano Judicial Division, while armed with guns and other weapons robbed one Aisha Mohammed Yakassai of her following items: N250,000.00 cash, 13 sets of gold jewelries, 10 handsets, bangles and wristwatches valued at N1.8 Million and you thereby committed an offence punishable under Section 289 of the Penal Code (Cap 105) Laws of Kano State 1991.

​The case of the prosecution as told by the victim, Aisha Mohammed (PW1) is that the appellant was among a gang of armed robbers that robbed her on the 5th of September, 2007 when she came back home from greeting her mother who had just returned from a trip. The armed robbers had locked up her domestic staff in a room, after collecting their handsets. The armed robbers asked them to lie down at the living room, while they searched all the rooms in the house and found money and gold and when they heard Police siren, they escaped. Thereafter, she was able to identify some of them, at the invitation of the Police, while the others were caught when they tried to sell the items to one Aliyu Abdulhamid.

The appellant and the other accused persons pleaded not guilty to the charges.

In proof of its case, the prosecution called 2 witnesses and tendered 6 exhibits. The appellant and the others testified for themselves and called no other witness.

In its judgment, the trial Court convicted them as charged and they were sentenced to 40 years imprisonment.

​Aggrieved by his conviction and sentence, the appellant appealed to the Court below vide a notice of appeal dated 27/7/2016, containing 3 grounds of appeal, from which the appellant formulated three issues for determination, by the Court below. They are:

1. Whether from the totality of the evidence adduced, the prosecution has proved its case beyond reasonable doubt against the appellant to secure the appellant’s conviction at the trial Court for the offence of armed robbery as provided for by Section 289(1) of the Penal Code Laws of Kano State.
2. Whether from the totality of the evidence adduced, the prosecution has proved its case beyond reasonable doubt against the appellant, to secure the conviction at the trial Court of the offence of criminal conspiracy as provided for by Section 97(1) of the Penal Code Laws of Kano State.
3. Whether exhibits 1 and 5 being confessional statements of the 3rd and 1st convicts can be used to convict the appellant without the appellant adopting the said exhibits?

The respondent distilled two issues for determination by the Court below, namely: