Aminu Adamu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the leading Judgment)

This appeal is against the judgment of the Kaduna State High Court in Charge No. KDH/KAD/5C/2007 delivered by Honorable Justice G. I. Kurada on the 29th of June, 2010. The Appellant, along with four other persons, was arraigned before the lower Court on a two count charge of armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act 1990, as amended.

The Appellant was the third accused person and he was alleged to have attacked, in the company of the four other persons, one Auwal Zakari Alhassan and one Salisu Zakari and members of their family at No. 25, Kwoi Street, Zango, Tudun Wada, Kaduna in the night of the 14th of August, 2006 at about 2:40am while armed with sticks, iron rods, machetes and other dangerous weapons and to have stolen the sum of N60,000.00 and one mobile phone handset from Auwal Zakari Alhassan and the sum of N5,000.00 and one mobile phone handset from Salisu Zakari.

The Appellant pleaded Not Guilty to the two count charge and the matter proceeded to trial and during the course of which the

1

Respondent called three witnesses in proof of the case against the Appellant and tendered exhibits while only the Appellant testified in his own defence and he did not tender any exhibit. At the conclusion of hearing and after the final addresses of Counsel to the parties, the lower Court found the Appellant guilty as charged and sentenced him to death by hanging. The Appellant was aggrieved by the decision and he applied to this Court for an extension of time within which to file his notice and grounds of appeal against it. Sequel to the grant of his request by this Court, the Appellant caused his Counsel to file a notice of appeal dated the 5th of February, 2013 on the 7th of February, 2013 and it contained four grounds of appeal.

In arguing the appeal, Counsel to the Appellant filed a brief of arguments dated the 16th of July, 2013 on the 23rd of January, 2014. The Respondent reacted by filing a brief of arguments dated the 4th of July, 2014. At the hearing of the appeal, Counsel to the parties relied on and adopted the arguments contained in their respective briefs of arguments as their oral submissions in the appeal.

Counsel to the Appellant

2

formulated two issues for determination in the Appellant’s brief of arguments and these were:

i. Whether the prosecution proved its case beyond reasonable doubt, connecting the commission of the crime with the Appellant, to warrant the learned trial Judge convicting and sentencing the Appellant to death by hanging.

ii. Whether from the totality of the evidence before the trial Court, the learned trial Judge was right to have relied on the contradictory evidence of PW1 and the Appellant’s purported confessional statement to convict the Appellant.

On the first issue for determination, Counsel to the Appellant stated that it was trite law that there were certain elements that the Respondent must prove to succeed in a charge of armed robbery and he listed the elements as (i) that there was a robbery; (ii) that the accused person committed the robbery; and (iii) that at or immediately before or after the robbery, the accused person wounded or used personal violence to any person and he referred to the cases of John v. State (2011) 18 NWLR (Pt. 1278) 353 and State v. Salawu (2011) 18 NWLR (Pt. 1279) 580. Counsel stated that the Respondent was expected

3