Hamisu Bala v. The State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Nasarawa State, Lafia Division, Coram: Simon O. Aboki, J, in charge No. NSD/LF/18C/2017: The State v. Hamisu Bala delivered on 27/6/2022, in which the appellant as defendant was convicted and sentenced to 5 years imprisonment each, without an option of fine for the offences of conspiracy, Theft and abduction, and to death by hanging for the offence of armed robbery.

The appellant was thoroughly with the said judgment and had appealed against it vide his notice of appeal filed on 21/9/2022 on eight grounds of appeal. See pages 531 – 538 of the record of appeal.

Pursuant to the leave of this court, an amended notice of appeal on eight grounds of appeal was filed on 6/2/2024 but was deemed as properly filed on 7/2/2024. The record of appeal was compiled and transmitted to this court on 10/2/2023 but was deemed as properly transmitted on 7/2/2024.

The parties filed and exchanged their briefs; the appellants amended brief, the respondents amended brief, and the appellants reply brief.

The appeal was heard on 10/10/2024. The appellant was represented by Ismail Idris Aseku, Esq., appearing with M. D. Dahiru, Esq., who adopted the appellants amended brief and reply brief as their argument and urged the court to allow the appeal and set aside the conviction and sentences passed on the appellant by the lower court.

The respondent, though duly served with hearing notice on 8/10/2024, was not represented by counsel at the hearing of the appeal. However, the respondents amended brief, having been duly filed, was deemed as argued pursuant to Order 19 Rule 10(4) of the Court of Appeal Rules, 2021.

Succinct statement of facts

By a further amended charge pursuant to the leave of the lower court, the appellant was, on 27/5/2019, charged with the offences as laid in the following counts, namely:

Count 1: That You Hamisu Bala ‘M’ of No: 28, Vahuza Musa Street, Millionaires Quarters, Lafia, Nasarawa State and one Sani Yakubu ‘M’ of Danmaraya Street, Bauchi Road, Jos, Plateau State (now deceased), on or about 25th and 27th day of October, 2016 about different hours in Lafia in Lafia Local Government Area of Nasarawa State, within the jurisdiction of this honourable court conspired to commit felonies to wit: Armed robbery and abduction and that the same act was done in pursuance of the agreement. You thereby committed an offence contrary to section 5(b) of Robbery and Firearms (Special Provision) Act, 2004

Count 2: That You Hamisu Bala ‘M’ of No. 28, Yahuza Musa Street, Millionaires Quarters, Lafia, Nasarawa. State and one Sani Yakubu ‘M’ of Danmaraya Street, Bauchi Road, Jos, Plateau State (now deceased), within the jurisdiction of this honourable court, while armed with guns, robbed one Dahiru Liman ‘M’ of behind City Hall, Lafia of his

(1) Black Toyota Corolla car with Registration No: NBB 215 AA valued one million and five hundred. Thousand naira (N1,500,000.00k),

(2) One Gionee M5 Plus and one Samsung Galaxy A5 mobile phones with total value of two hundred and forty-seven thousand naira (N247,000.00k) and

(3) Cash sum of one hundred and forty-seven thousand naira (N147,000.00k). You thereby committed the offence punishable under section 1(2)(a) & (b) of the Robbery and Firearms (Special Provision) Act Laws of Federation of Nigeria, 2004.