Adamu Mohammed v. The State (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal is against the decision of the Court of Appeal, Kaduna Judicial Division in appeal No: CA/K/159/C/2009, delivered on the 18th day of September, 2013.

The lower court, in its decision, dismissed the appeal of the appellant with three other accused persons and affirmed the judgment of the trial court delivered on the 8th day of October, 2008, in charge No. KDH/KAD/10C/2006, wherein the appellant along with three other accused persons were convicted and sentenced to death by hanging.

On the 10th day of January, 2007, the appellant herein as the 2nd accused person was arraigned alongside with three other accused persons before the trial court on a two-count charge bothering on conspiracy to commit armed robbery and armed robbery, punishable under sections 6(b) and (1)2(b) of the Robbery and Firearms (Special Provision Act) . (See pages 33 – 34 of the record of appeal).

The appellant with his co-accused persons pleaded not guilty to the charge. The prosecution now respondent called three (3) witnesses who testified as PW1 to PW3 and tendered several exhibits among which is the extra-judicial confessional statement of the appellant which was admitted in evidence and marked as exhibits 2 and 2A.

The respondent/prosecution closed his case and thereafter, the appellant through this counsel made a No-Case Submission. The trial court on the 4th July, 2007, overruled the No-Case Submission and ordered them to enter their defence.

In defence of his case, the appellant testified in person, as DW2, and called other two (2) witnesses who testified as DW5 and DW6. In a judgment delivered on the 27th June, 2008, the trial court found the appellant alongside his three co-accused persons guilty. The trial court then convicted them on the two counts charge and sentenced them to death by hanging.

Being dissatisfied with the judgment of the trial court, the appellant alongside with his three co-accused persons appealed to the lower court. The appeal was duly heard by the lower court, and in a judgment, delivered on the 18th September, 2013, the lower court dismissed the appeal and affirmed the judgment of the trial court. (See pages 199 – 219 of the record).

The appellant was still dissatisfied with the decision of the lower court and has now appealed to this court via an eight ground notice of appeal filed on the 8th day of October, 2013; wherein he prayed this court for an order setting aside the conviction and sentence of the appellant made on 18th September, 2013.

Thereafter, the parties, through their counsel, filed and exchanged their respective briefs of argument in line with the procedure regulating the hearing of criminal appeals in this court.

Learned counsel for the respondent, Abdullahi Yahaya, Esq., raised a preliminary objection to the hearing of this appeal incorporated in the respondent’s brief of argument filed on the 22nd day of September, 2015.

The appellant filed a reply brief of argument wherein he replied to the objection raised by the respondent’s counsel on the 29th October, 2015.

The preliminary objection being an issue of jurisdiction, will be addressed first.

Preliminary objection: