Ibrahim Yahaya V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the decision of the Katsina State High Court delivered on 27th July, 2012 in charge No.KTH/27/C/2002 dated 24th December, 2002. The Appellant as the 6th 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 10A and 108, Appellant’s statements to the Police, the voluntariliness of which the Appellant denied.

In defence of the charge, the Appellant who testified as

DW6 but tendered no exhibit or called any other 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 of appeal pursuant to the order of this Court granted the Appellant on the 22nd January, 2014, to appeal out of time.

?The brief facts of the case are that on the 22nd February, 2001 (22/02/2001) at about 2:00am 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 sticK and then shot 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 6th accused person.

In the prosecution of the appeal and in line with the Rules of this Court, briefs of argument were exchanged and adopted at the hearing of the appeal on 25/01/2016. The Appellant’s brief of argument settled by B. C. Igwilo Esq dated 23/04/2015 was deemed properly filed on the 27/04/2015 which the Respondent’s brief of argument dated 28/09/2015 and filed on 05/10/2015 but deemed properly filed on 06/10/2015 was settled by Abu Umar Esq., Senior State Counsel, Ministry of Justice Katsina State.

In setting forth and expounding his grievance with the decision of the Lower Court, the learned Counsel for the Appellant distilled 4 issues for determination; thus:-

“(i) Whether the learned trial Judge was right in admitting Exhibits 10A and 10B, the Appellants purported confessional statement, after holding that both are

admissions in line with S. 27(i) and (ii) of the Evidence Act. (Ground 1, 2 and 3)