Amah v. State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment)

This Appeal is against the Judgment of the Court of Appeal, Kaduna Judicial Division, delivered on the 19th day of December, 2014. In the said Judgment, the lower Court dismissed the Appellant’s appeal and affirmed the Judgment of the trial Court which convicted the Appellant together with his co-accused, and sentenced them to death by hanging on a single Court charge of armed robbery.

The Appellant, alongside his co-accused were charged at the trial Court as follows:

‘THE CHARGE
THAT You, Alh. Musa Sani of behind Zakka House, Kofar Murusa Lowcost Katsina and IFANYE AMAH of old Olympic Hotel, Kofar Layout Katsina, Katsina Local Government Area of Katsina State, on or about the 28th day of May, 2008, committed robbery in that you did an act to wit: attacked and robbed one ABDULLAHI MOHAMMED (alias BODA) the sum of Nine hundred and forty thousand naira (N940,000.00); and at the time of the robbery, you were armed with offensive weapons to wit: cutlass and iron rod, with you threatened him and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap II Laws of the Federation 2004″.

When the charge was read to the Appellant and his co-accused, they both pleaded not guilty. To prove its case, the prosecution called six witnesses and also tendered three Exhibits, namely: extra Judicial Statement of the Appellant Exhibit 2, cutlass, Exhibit 3 and iron rod, Exhibit 4.

The Appellant testified for himself and called one other witness whom he said was his brother who came from Kano i.e Felix Uwazie. In his testimony which is found at pages 46-47 of the Record of Appeal, the Appellant stated as follows:
“…On 28th May, 2008, I was in Katsina. When I returned from work around 5pm, my brother came from Kano. I was with 1st Accused person we left to Lunar Hotel and return 2:30am. We came home my brother went to eased (sic) himself some people 4 in number came and asked us whether we saw some people passing and we said we have not. They left and we entered into the compound. In the morning a man came and invited us to the police station. We were detained. They asked the man, another man, another man came in with a cutlass and iron rod. A search was conducted in our houses but nothing was discovered some people made allegation against us which was investigated. That is all”.

The Appellant’s brother testified as DW1 and his testimony is found on page 43 of the Record of Appeal as follows:
” … I am a trader; I live at 47 Warri road S/G Kano. I know the 2 Accused persons particularly 2nd Accused person. On 28th May, 2008, it was a Wednesday. I came to Katsina that day. There was a job to do at Katsina that day. He told me that he has work to do at Katsina. He asked me to stay and go to the work. I was in his house waiting for him. Towards evening around 6 he came back.

I saw the 1st Accused that day they also came back together. We went to Lunar Hotel Katsina around (9: pm. Before we left to Lunar we were all at their house. We left Lunar around 2:30am to 2nd Accused persons house all the three of us. I went to ease myself I heard somebody asking them whether they saw somebody passing in front of the house. They told him that they did not see anybody. In the morning someone came into the house and asked them to report to the police station. I asked the man whether he was the person who came earlier in the night and he said he was the same person. That is all.”

At the close of the trial, none of the parties filed written addresses or addressed the trial Court before the case was adjourned for Judgment. In his Judgment, the learned trial Judge convicted the Appellant and his co-accused, holding that from the evidence before him, all the three ingredients of the offence of robbery punishable under Section 1(2][a] of the Robbery and Firearm Act as charged, were proved by the prosecution. According to the trial Court, it was established that there was theft of the sum of N940,000.00 by the Appellant and his coaccused. That from the testimonies of the prosecution witnesses, especially PW1-PW3, it was the Appellant and the co-accused that committed the act, and that they used a cutter/cutlass and an iron rod during the robbery.

The trial Court at pages 38-39 of its Judgment, found at pages 54-55 of the Record of Appeal, held as follows:
“…..I have careful (sic) examined all circumstances of the case. I think the case has not been properly investigated. The two Accused persons in their respective statements Exhibits 1 and 2 have created the defence of Alibi by saying that at or about the material time of the robbery, they were at Lunar Hotel, Katsina. If there were proper investigations, the police ought to have investigated this aspect of the statements. Prosecution has tendered the statement as evidence in the matter knowing very well what they contained. Proper investigation, if conducted, would have revealed if what the two Accused persons claimed were true or not i.e. whether they were at Lunar Hotel at the time they claimed or not.”

Dissatisfied with the Judgment of the trial Court convicting and sentencing him to death, the Appellant appealed to the lower Court. The Court however found no merit in the said appeal. The appeal was therefore dismissed while the Judgment of the trial Court was upheld. The lower Court also affirmed the death sentence passed on the Appellant. The Appellant, still dissatisfied with the Judgment of the lower Court, has further appealed to this Court by Notice of Appeal filed on 17th January, 2015 containing three Grounds of Appeal.
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When the Appeal came up for hearing on 17th March, 2022, counsel for the Appellant identified and adopted the Appellant’s amended Brief of Argument which was filed on 13th December, 2019 but deemed properly filed on 19th February, 2020. Counsel for the Respondent also identified and adopted the Respondent’s Brief of Argument which was filed on 19th November, 2020 but deemed properly filed on 17th February, 2021.

The Appellant submitted one issue for the determination of this appeal distilled from the three grounds of appeal as follows:
“Whether from the evidence adduced at the trial, the prosecution proved the offence of armed robbery against the appellant (accused) beyond reasonable doubt as affirmed by the Court below.”

In arguing the above issue, counsel stated that to convict the Appellant for the offence of armed robbery, the prosecution must prove all the ingredients of the offence, namely:
(a) That there was in fact a robbery
[b] That the robbery was an armed robbery. In other words, the robbers must be armed with dangerous weapons
(c) That the accused person was the armed robber or one of the armed robbers.

He relied on the case of Okechukwu Anyim Vs. The State (2019) 8 NWLR (Pt1675) 513 at 530 Paras F-H.
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Counsel for the Appellant argued that the prosecution failed woefully to prove the ingredients of the offence as stated above. He stated that for the Court to convict any person for committing a criminal offence, there must be cogent and credible evidence led by the prosecution against the person. According to the Appellant, an accused person is presumed innocent until the prosecution proves his guilt. It is the duty of the prosecution to establish the charge against the accused beyond reasonable doubt as held by this Court in Usman Saminu (aka Danko Vs. State (2019) II NWLR (Pt1683) 254 at 270 paras E-F.
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The Appellant’s counsel argued that there were many contradictions in the testimonies of the prosecution witnesses (i.e PW1-6) which ought to have been resolved in favour of the Appellant. That the contradictions in the prosecution’s case were fundamental and created reasonable doubt as to the guilt of the Appellant. He contended that in affirming the Judgment of the trial Court, the lower Court was in error on various grounds, including the following: