Ali Sa’idu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

At the Katsina State High Court of Justice in charge No. KTH/27/C/2002, dated 24th December, 2002, the Appellant as the 4th accused person was charged along with five (5) other persons on a one count charge of the offence of armed robbery punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act, in that the Appellant along with the 5 other accused persons on or about the 22nd day of February, 2001 at about 0230hrs at Sabuwar Kasa village in Kafur Local Government Area of Katsina State attacked Alhaji Ummaru Masanawa (the village head of Sabuwar Kasa) with a gun and dispossessed him of the sum, of about N30,000.00 cash and thereafter shot him with the said gun which led to his death.

The Appellant pleaded not guilty to the charge consequent upon which the prosecution called 8 witnesses and tendered several exhibits including Exhibits 9A and 9B, Appellant’s statements to the Police, the voluntariness of which the Appellant denied.

In defence of the charge, the Appellant who testified as DW4 but tendered no exhibit or called any other

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witness, denied any involvement in the commission of the offence.

At the conclusion of the trial, both the defence and prosecuting Counsel filed their respective final written addresses and adopted same. The learned trial Judge in a considered Judgment delivered on 27th April, 2012, found that the prosecution proved its case beyond reasonable doubt against the Appellant and accordingly convicted and sentenced him to death under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act CAP 398 LFN 1990 as amended.

Aggrieved by the conviction and sentence, the Appellant commenced this appeal through a notice of appeal filed on 03/02/2014 predicated upon 6 grounds, pursuant to the order of this Court granted the Appellant on the 22nd January, 2014, to appeal out of time.

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The brief facts of the case are that on the 22nd February, 2001 (22/02/2001) at about 2:00 am some people went to the house of Alhaji Ummaru Masanawa, the village head of Sabuwar Kasa village in Kafur Local Government Area of Katsina State, now deceased, and demanded him to give them money and upon saying that he had no money, they beat him with sticks and then shot

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him with a gun. He later became unconscious and subsequently died from the gun shots.

Eight persons, including the Appellant were later arrested in connection with the robbery. Only six of the eight arrested persons, were charged, the Appellant being the 4th accused person.

In the prosecution of the appeal, and in compliance with the Rules of Court, briefs of argument were exchanged and adopted at the hearing of the appeal. The Appellant’s brief of argument filed on 04/07/2014 and the reply brief filed on 11/05/2015 were settled by Tuduru Ede Esq. (and assisted by Eric Apia Esq.) while the Respondent’s brief of argument dated 24/02/2015 and filed on 27/02/2015 but deemed properly filed on 27/04/2015 was settled by Abu Umar Esq., Senior State Counsel, Ministry of Justice Katsina State.