Musa Isa V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of Katsina State High Court of Justice delivered on 12/11/2012 by I. B. Ahmed J. Whereby the Appellant was convicted and sentence to death for the offence of Armed Robbery.

The single count charge against the Appellant upon which he was convicted is adumbrated as follows;

THE CHARGED:

“That you Musa Isah and others at large on or about the 5th day of October, 2002 at Wurma village in Kurfi Local Government Area of Katsina State did an act to wit: Jointly and Severally beat on SANUSI AHMED to a state of unconsciousness and robbed him of the sum of N7,000.00 while you were armed with offensive weapons to wit; Guns, Knives, Clubs and thereby committed an offence punishable under Section 1 (2) (b) of the Robbery and Firearms (Special provisions) Act Cap 398 Laws of the Federation 1990 as amended.”

To prove its case the prosecution called 6 witnesses and tendered the confessional statement of the Appellant (Exhibit 1A & 1B). The Appellant testified in his defence and called one other witness.

In convicting the Appellant, the trial Court in its judgment held, inter alia as follows;

“In the present case, there was robbery, the victims were not only robbed but saw the person who robbed them with arms as they knew him both prior and at the time of the robbery. I once again hold the view that the accused person has failed to give full account of himself of the date of the incident to convince the Court that he was either not at the scene or if at the scene, was doing something else other than attacking the victims.

I therefore reject the accused person’s defence in its entirety as mere denial of committing the offence was nothing but an afterthought. This Court, in view of the foregoing assessment of the prosecution and defence witnesses, is left in no doubt that the ingredients of the offence of armed robbery against the accused person have been fully proved beyond reasonable doubt as required by law and I convicted him as charged.”

The trial Court accordingly sentences the Appellant to death and ordered that the he be hanged by neck until he is dead.

Dissatisfied with the judgment of the trial Court, the Appellant who is now a prisoner on the death roll at Central Prison Katsina by leave of this Court filed a notice of appeal dated 11th November, 2013 containing 8 grounds of appeal.

Briefs of argument were filed and exchanged by counsel to the parties in accordance with the rules of practice and procedure of this Court.

The Appellant’s brief of argument prepared by Okechukwu Nwaeze Esq. was dated 20th February, 2014 and file on the 21/02/2014. Learned counsel for the Appellant adopted the said brief as the Appellant’s argument in this appeal and urged the Court to allow this appeal and set aside the Judgment of the lower Court.

The Respondent’s brief of argument prepared by Abdur-Rahman Umar Esq. was dated 27th May, 2014 and file on the 2/06/2014. Learned counsel to the Respondent adopted the said brief as the Respondent’s argument in this appeal and urged the Court to affirm the decision of the trial Court and dismiss this appeal for lacking in merit.