Adamu Mohammed V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment)

At the Kaduna State High Court of Justice holding at Kaduna before Hon. Justice G.I KURADA the appellant was in charge No KDH/KAD/5C/200 dated 15th January, 2007, charged with four (4) other accused persons on (2) two counts of the offence of armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act. 1990 (as amended).

THE CHARGE

“COUNT ONE

That YOU NASIRU IDRIS, ADAMU MOHAMMED, AMINU ADAMU, ABDULLAHI USMAN and SANI ADAMU on or about 14th day of August, 2006 at about 2.40am, while armed with sticks, iron rods, machetes and other dangerous weapons attacked Auwal Zakari Alhassan, Salisu Zakari and members of their family in their house at No.25 Kwoi Street, Zango, Tudun Wada, Kaduna and robbed Auwal Zakari Alhassan of the sum of N 60,000.00 and Sagem Mobile phone handset and by so doing you committed an offence punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provision) Act, 1990 as amended.

COUNT TWO

That you NASIRU IDRIS, ADAMU

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MOHAMMED, AMINU ADAMU, ABDULLAHI USMAN and SANI ADAMU on or about 14th day of August, 2006 at about 2.40am while armed with sticks, iron rods, machetes and other dangerous weapons attacked Auwal Takari Alhassan, Salisu Zakari and members of their family in their house at No. 25 Kwoi Street, Zango, Tudun Wada, Kaduna and robbed Salisu Zakari of the sum of N5,000.00 and one Nokia Mobile phone handset, and by so doing you committed an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provision) Act, 1990 as amended.”

Upon plea of not guilty by the appellant, the prosecution called Three (3) witnesses and tendered two (2) Exhibits 2 and 2A while the appellant testified for himself in his defence but tendered no exhibit.

At the conclusion of the trial, learned appellant’s counsel made a no case submission, the High Court of Kaduna State (trial Court) delivered its ruling on the 23rd October, 2009 dismissing the no case submission holding that the prosecution has made out a prima facie case against the accused. Thereafter the appellant testified for himself as DW2 and at the conclusion of the defence learned counsel for the

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accused addressed the Court and judgment was delivered on the 29th June, 2010 discharging and acquitting the appellant of count two of the charge and convicting him of count one and sentenced him to death by hanging after the plea of allocutus.

Dissatisfied with decision of the trial Court, the appellant filed a Notice of Appeal with four grounds of appeal after seeking and obtaining the leave of this Court to file out of time. The appellant subsequently filed the Appellant’s Brief of Argument on the 16th July, 2013 which was settled by Okechukwu Nwaeze Esq, while the Respondent’s Brief of Argument settled by I.M. Samson Esq was filed on the 4th July, 2014. Briefs were adopted and relief upon by the respective learned counsel at the hearing of the Appeal.