Ahmadu Garba V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal of the appellant vide his Notice of Appeal filed on 6/5/2014 challenging the judgment of D.B. Sambo J. of Sokoto High Court on 5 grounds.

The grounds of appeal (shorn of the particulars are set out hereunder)

?Ground one

The decision of the Court below is unreasonable, unwanted and cannot be supported having regard to the evidence adduced at the trial.

Ground two

The Court below erred in law and occasioned a miscarriage of justice on the Appellant when in convicting and sentence the appellant to death for the offence contrary to Section 221 (b) of the penal code, it failed and/or neglected to consider the case or evidence against the appellant separately from that of Abu Damo with whom the appellant was being tried jointly.

Ground three

The Court below erred in law when in convicting and sentencing the appellant to death for the offence contrary to Section 221(b) of the penal code, it relied in the evidence of PW?s 1 & 2 to convict the appellant and this has occasioned a miscarriage of

1

justice.

Ground four

The Court below erred in law when in convicting and sentencing the Appellant to death for the offence contrary to Section 221 (b) of the penal code, it denied the appellant his constitutional right to fair hearing thereby occasioned a miscarriage of justice on the appellant when it failed and neglected to consider all the defence/s open up to the appellant on the evidence adduced before the Court below but considered only the case presented by the prosecution against the appellant. Ground five

The Court below erred in law and prejudiced the constitutional right of fair hearing of the appellant an guarantee under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 when in convicting and sentencing the appellant to death for the offence contrary to Section 221 (b) of the penal code, the Court refused and/or failed to consider the cross examination of PW1 & PW2 on record before placing probative value on some and using the same evidence in convicting and sentencing the appellant to death for the offence contrary to Section 221 (b) of the penal code law and this has occasioned a miscarriage of justice. The