Haladu Aminu (A.k.a Namalama) v. State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, JCA (Delivering the leading judgment)

This appeal was brought by the appellant against the judgment of the High Court of Kaduna State, sitting at Zaria delivered on March 3rd, 2020 Coram M. M. Ladan, J. in which the appellant, alongside two other defendants, was convicted and sentenced to death by hanging for criminal conspiracy and armed robbery. The appellant was the 3rd defendant at the lower court.

Facts leading to the appeal

PW1, Emmanuel Umoh, a staff of Namax Research Company, was violently disposed of his mobile telephone and his wallet on 30/10/2016, around 10pm by three men who arrived the scene on a motorbike.

His girlfriend, Bola, was also violently disposed of her telephone and her handbag. Specifically, PW1 testified that the 2nd defendant, one Ali Abdullahi, held him, putting a knife to his neck, while he was asked to hand over his telephone and wallet to the 1st defendant also took his girlfriend’s telephone and her handbag. His girlfriend ran off, shouting and raising an alarm.

PW1 grabbed the 1st defendant while the appellant and 2nd defendant ran away. Other persons responded to the alarm and also held the 1st defendant.

The appellant, as well as the 1st and 3rd defendants, were arrested and arraigned on a two count charge, to wit:

Count one

‘That you Jimoh Abdullahi, Ali Abdullahi and Namalama “M” (at large) of Anguwan Gado and Jushin gari all of S/gari L.G.A of Kaduna State within the jurisdiction of this court, on or about 2nd November, 2016 at about 9:00pm agreed among yourself (sic) to commit the offence of armed robbery and the same act was done in pursuance of the said agreement, in that you thereby committed the offence of criminal conspiracy punishable under section 6(b) of the Robbery and Firearms provision Act Cap R11, Laws of the Federation, 2005″

Count two

“That you Jimoh Abdullahi, Ali Abdullahi and Namalama “M” (at large) of Anguwan gado and Jushin gari of S/gari L.G.A of Kaduna State within the jurisdiction of this court on or about 2nd November, 2016 around 9-pm conspired and among yourselves riding a motorcycle attacked with knife and rob one Bola Samson and her Friend along Jim Harrison Hotel, Kwangila Zaria of their phone(sic) and also attacked one Aminu Aliyu with a knife around Hanwa low cost, Zaria and rob him of his Sony phone z4 valued at N20,000 and cash 2000. In that you thereby committed the offence to wit: armed robbery punishable under section 1(2) of the Robbery and Firearms Provision Act Cap R11, Laws of the Federation, 2005

Upon arraignment, the appellant pleaded not guilty. At the trial, the respondent called one witness, who was the complainant, in proof of its case, while the appellant gave evidence for himself and thereafter closed his case. At the conclusion of trial, the trial court found the appellant as well as the 1st and 2nd defendants guilty as charged and sentenced them to death.

Dissatisfied with his conviction and sentence, the appellant lodged the instant appeal by notice of appeal, filed on 25/3/2020, with five grounds of appeal, pages 52 – 57 of the record of appeal.

The parties filed briefs of argument, pursuant to the rules of this court. The appellant’s brief was filed on 3/11/2022, but deemed properly filed on 4/11/2022, while the respondent’s brief was filed on 20/12/2022, but deemed properly filed and served on 30/1/2023.