Isah Bala Usman v. Kano State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the judgment of the Court of Appeal, Kaduna Judicial Division delivered on 30th May, 2019 in appeal No. CA/K/138A/C/2017 wherein the court affirmed the conviction and sentence imposed on the appellant by the High Court of Kano State.

Brief facts of the case

The appellant was the 1st accused person at the trial court and he was arraigned with five other persons on a two-count charge which read as follows:

“First head of charge

That you, Isa Bala Usman, M” of Zawachiki Quarters, Kano, Abubakar Idris “M” of Unguwar Loko Zawachiki quarters Kano, Nura Shuaibu “M” of Zawachiki quarters Kano, Wada Hassan “M” of Yankusa quarters, Kumbotso, Kano, Am inn Ahmed “M” of Isamawa Village, Kumbotso, Kano, and Abbas Mohammed “M” of Ungowar Makeri Panshekara quarters, Kano on or about the 18th day of November, 2010 at about 2:50am at Zawachiki quarters, 1000 Unit of housing estate Kano, within the Kano Judicial Division agreed to do an illegal act, to wit, rob the occupants of the house of one Sami Murtala Ahmed situated at 1000 Unit of Housing Estate, Zawachiki quarters Kano and that you thereby committed an offence punishable under section 97 of the Penal Code.

Second head of charge

That you, Isa Bala Usman, “M” of Zawachiki Quarters. Kano, Abubakar Idris “M” of Unguwar Loko Zawachiki quarters Kano. Nura Shuaibu “M” of Zawachiki quarters Kano, Wada Hassan “M” of Yankusa quarters, Kumbotso, Kano, Aminu Ahmed “M” of Isamawa Village, Kumbotso, Kano, and Abbas Mohammed “M” of Ungowar Makeri Panshekara quarters, Kano on or about the 18th day of November, 2010 at about 2:50am at 1000 unit of housing estate of Zawachiki quarters, Kano, within the Kano Judicial Division while armed with cutlasses, knife, iron, sticks and other dangerous weapons did commit the offence of armed robbery by doing an act to wit: in that you entered into the house of Sami Murtala Ahmed at 1000 Unit Housing Estate of Zawaciki quarters, Kano, attacked him together with the occupants of the house and put them into fear of death and rob them of the total sum of N348,000 (three hundred and forty eighty thousand naira). Brief case containing vital documents, two handset valued N40,000 (forty thousand naira) and a motor vehicle Honda Accord 2000 brand Ash in colour with registration No. BL 79 BWR valued N1,050,000 (one million and fifty thousand naira) and that you thereby committed an offence punishable under section 298 of the Penal Code.”

The appellant pleaded not guilty to both counts and the case proceeded to trial. The respondent as prosecution called nine witnesses and tendered 16 exhibits, including the appellant’s extrajudicial statements to the police – exhibits A, B, K2 (English version of exhibit B), I, M and J. The appellant testified alone in his defence and did not tender any exhibit.

The case of the respondent as prosecution was that the appellant, who was a houseboy of Sami Murtala Ahmed (PW1), and his co-accused persons, conspired to rob his master (PW1) at his residence in Zawaciki Quarters, 1000 Unit Housing Estate, Kano on the 18th November, 2010.

On the said day, at about 2:50 am while armed with a gun, cutlass, knife, iron rod and other dangerous weapons, the appellant and his co-accused persons went to the house of PW1, forcefully gained entry into the house, and robbed him of the sum of N348,000.00 (three hundred and forty-eight thousand naira), a briefcase containing vital documents, two handsets valued at N40,000 (forty thousand naira) and a Honda Accord motor vehicle 2000 brand with registration No. BL79 BWR valued at N1,050,000.00 (one million, fifty thousand naira). Shortly after the incident, the appellant abandoned his duties in the house of PW1 and disappeared. He was also not picking up the phone calls put through to him by PW1 and his wife, PW2. However, when the 3rd accused person called him, he picked up at once.

It was the further case of the respondent that the appellant was later found in his village after his brother had initially said that he was not around. He was then taken to the Police Station where he denied committing the offence and also said that he did not pick the calls of PW1 because he had swapped his SIM card. He was said to have however confessed to being among the armed robbers when PW1 said that he would confirm from MTN office if the appellant swapped his SIM card.

Contrariwise, the appellant in his evidence in court denied committing the offence. He said that he was working as a houseboy for PW1, but he was not resident in the house. He stated that at a time during the Eid-I-Kabir period, he was with his brother, when PW1 came to look for him and informed him that he had some things to do at home. He also said that rather than being taken home, he was taken to the police station.

Upon the conclusion of trial, learned counsel for the respective parties filed and exchanged their final written addresses. After the adoption of addresses, the learned trial Judge delivered a considered judgment wherein he convicted the appellant and some of the other accused persons. The appellant was sentenced to three months imprisonment for the offence of conspiracy under section 97(2) of the Penal Code and 12 years imprisonment with a fine of N5,000.00 for armed robbery under section 298 of the same law.