Sulaiman v. State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Lead Judgment)

The appellant and three others were charged before the High Court of Bauchi State on a three count charge as follows:

COUNT 1
That you Abdulhamid Musa, Ahmed Muhammed and Suleiman Abdullahi, of Nassarawa Jahun Ward, Bauchi Local Government on the 4th day of October 2013 or thereabout conspired among yourselves to commit the offence of robbery, in the Bauchi Judicial Division and thereby committed the offence of criminal conspiracy contrary to Section 97 of the Penal Code, Laws of Bauchi State and triable by this Court.

COUNT 2
That you Abdulhamid Musa Abdulhamid Musa, Ahmed Muhammed and Suleiman Abdullahi, all of Nassarawa Jahun Ward, Bauchi Local Government on the 4th day of October 2013 while armed with dangerous instruments to wit a knife, robbed one Idris Wakili of Jahun Ward Bauchi Local Government Bauchi of his Keke Napep tricycle, yellow in colour with Reg No. QW05+BAU valued at N380,000.00 and three sim handsets valued at N2,500.00 and the sum of N1500.00 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.

COUNT 3

That you Adamu Suleiman of Nassarawa Janun Ward, Bauchi on the 4th October 2013 or thereabout instigated AbdulHamid Musa, Ahmed Muhammed And Suleiman Abdullahi all of Nassarawa 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.

The appellant was the 1st accused. The 2nd, 3rd and 4th accused pleaded not guilty to counts 1 and 2, while the appellant pleaded not guilty to count 3. The prosecution called 8 witnesses and tendered exhibits marked A-J. The accused persons testified on their own behalf and did not call any other witnesses. At the conclusion of the trial and after careful consideration of the written addresses filed by the parties, the learned trial Judge found and held that the prosecution did not prove its case beyond reasonable doubt. All four accused were acquitted and discharged.

The prosecution was dissatisfied with the judgment and appealed to the Court below. In a unanimous decision delivered on 16th July 2018, the appellant and his co-accused were found guilty on all the counts charged. The judgment of the trial Court was set aside. The 2nd, 3rd and 4th respondents were sentenced to 14 years imprisonment each on counts 1 and 2 respectively while the 1st respondent (appellant in this appeal) was sentenced to 14 years imprisonment on count 3.

The appellant is aggrieved by his conviction and sentence and has appealed to this Court vide his notice appeal filed on 13/8/2018 containing 4 grounds of appeal.

​The case of the prosecution was that one Hamisu had requested the appellant to look for a Keke Napep (tricycle) for him “by all means.” Pursuant to this instruction, the appellant recruited the 2nd accused (Abdulhamid Musa) who in turn recruited his friends, the 3rd and 4th accused, to assist him in carrying out the assignment. According to PW2, Idris Wakili, on the fateful day, the 2nd, 3rd and 4th accused stopped him along Muda Lawal and requested him to take them to Kano Road near the Polo club.

At a point in the journey, they asked him to stop and asked him to assist them in bringing out some maize from the bush along with a scale that was too heavy for them to carry. He accompanied them but, on the way, he felt something was amiss and tried to run back to his Keke Napep and flee the scene. According to his testimony the 3rd accused tied his neck with a cable and began to struggle with him to the extent that the tricycle tipped over.

He testified that the 2nd accused stabbed him with a knife on his fingers and stomach, while the 4th accused pushed him while he was holding on to the tricycle. They searched him and took away his money and handset. They eventually drove off with the tricycle. He was given a lift into the town by a good Samaritan and he went to make a report at Tafawa Balewa Housing Estate Police Station. Thereafter he went to the hospital to attend to his injuries.

​He testified that the following day, he received information that the tricycle had been recovered and was at Ningi Area Command. He went there with his brother, Abdullahi Ishak (PW1) who was the one who gave him the tricycle to drive and they identified it. He was able to identify the 2nd and 4th accused persons who were in Police custody. They were informed that the 3rd accused had absconded at that time. He was later rearrested. The 1st accused (now appellant) was also arrested subsequently.

PW3, Gloria Abner, was one of the Investigating Police Officers. She recorded the statements of the accused persons, which were admitted in evidence as Exhibit A, B, C and D. Exhibit A, the statement of the appellant was admitted in evidence, after the objection to its admissibility on grounds of involuntariness, was overruled. Exhibits E and F, three sim handsets and a kitchen knife were admitted in evidence through PW4.