Abdullahi v. State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment)

This appeal is against the judgment of the Court of Appeal, Kaduna Judicial Division delivered on 5th June, 2015. The Court in the said judgment, affirmed the judgment of the trial Court which convicted the Appellant and his co-accused of the offence of armed robbery and sentenced them to death, while dismissing his appeal.

The Appellant and his co-accused were charged at the trial Court on a two count charge as follows:-
THE CHARGE

COUNT ONE
THAT You (1) Ibrahim Abdullahi of Danjaka village and (2) Abdulsalam Suleiman of Dinkawa village, both in Charanchi Local Government Area of Katsina State, while in company of others now at large, on or about the 31st day of May, 2009, at Tukanawa Quarters in Charanchi Local Government, had formed a common intention to commit culpable homicide punishable with death, in furtherance of which you caused the death of one Alhaji Ibrahim Abubakar of the same address by doing an act to wit: attacked and stabbed him with matchet and sticks on his neck, head and substantial part of his body with the knowledge that death will be probable consequence of your act and thereby committed an offence punishable under Section 221(b) read with Section 79, both of the Penal Code.

COUNT TWO
That You (1) Ibrahim Abdullahi of Danjaka village and (2) Abdulsalam Suleiman of Dinkari village both in Charanchi Local Government Area of Katsina State, while in company of others now at large, on or about the 31st day of May, 2009, at Tukanawa Quarters, in the same local government area, had formed a common intention to steal, in furtherance of which you used personal violence on one Alhaji Ibrahim Abubakar of the same address and robbed him of substantial amount of money which was the proceed of the sale made on his Hamdala Super Market in Charanchi, and at the time of the robbery, you were armed with offensive weapons such as guns, matchets, sticks etc with which you stabbed him and thereby committed an offence punishable under Section 1 (2) (b) of the Robbery and Firearm (Special Provisions) Act Cap R11 Laws of the Federation, 2004.

When the charges were read to the Appellant and his co-accused, they pleaded not guilty. To prove their case, the prosecution called seven witnesses (i.e. PW 1-7) who testified and tendered some exhibits which were admitted and marked exhibits 1 (a) and (b) (i.e. the Hausa and English version of the Appellant’s extra-judicial statement), exhibit 3 (stick), exhibit 4(a) and (b) (pair of sandals) and exhibit 5 (black eye glasses). The Appellant testified for himself but did not tender any exhibit.

The facts of this case as gleaned from the testimonies of the prosecution witnesses (especially PW5 and PW6) are straightforward. According to PW5 who is the younger brother to the deceased, they were together on 31st May, 2009 at the deceased’s shop when at about 11.00pm the deceased collected the money they had made from the sales of that day, put same in the boot of his car and left for his house. That he (PWS) later followed but as he approached the house, he saw some people flashing torchlight. When he inquired, they told him they were thieves.

He started shouting and attempted to go to the scene but they threatened to shoot him. He narrated how he saw them beating the deceased who attempted to run away but blood was gushing out of his body. The deceased, in the process, hit a wall and fell down. That after this, people came out and as they were trying to take the deceased to the hospital, they noticed the boot of his car was opened and the money inside removed. The deceased later died on the way to the hospital. See pages 36-3 7 of the record of appeal.

The incident was reported to the police and in the cause of investigation, the Appellant, who was on the run, was arrested having been implicated by his co-accused. During interrogation, he volunteered exhibit 1a and b, admitting to the crime. The police also recovered exhibits 3, 4a and b and 5 from the scene of the crime which are items belonging to the Appellant, his co-accused and the others who are now at large.

During the trial of the case at the trial Court, the Appellant denied making exhibit 1a and b. He also denied ownership of exhibits 3, 4a and b and 5. Counsel for the Appellant cross-examined only PW2 and PW3 but did not cross-examine the rest of the prosecution witnesses.

At the end of the trial, both parties filed their addresses which were adopted as their argument. The trial Court, in its judgment struck out count 1 on the charge which was brought under Section 221 of the Penal Code. According to the Court, it would amount to a double conviction if the Appellant and his co-accused were convicted of both counts.

The trial Court convicted the Appellant on count 2 of armed robbery under Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, having held that the prosecution was able to prove all the ingredients of the offence as required by law, beyond reasonable doubt. The Appellant and his co-accused were accordingly sentenced to death subject to the prerogative power of the Governor.

Dissatisfied with his conviction, the Appellant appealed to the lower Court which dismissed the appeal and affirmed the judgment of the trial Court. The Court held that the confessional statement of the Appellant in exhibit 1a and b was voluntary, positive and properly proved. That taken together with the evidence of the prosecution witnesses, the prosecution had proved the offence of armed robbery against the Appellant beyond reasonable doubt.

Still dissatisfied, the Appellant has further appealed to this Court vide notice of appeal filed on 17th July, 2015 containing four grounds.