Musa Muhammad V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the Judgment in respect of the appeal filed by the accused/appellant incase No.ZAMS/GS//34C/2009 Musa Muhammad Vs The State, on 12/07/2012.

The Notice of Appeal filed by the appellant contains 4 grounds of appeal.

The grounds of appeal (excluding the particulars) read thus;

“GROUND 1

The decision of the trial court is manifestly unsupportable, unreasonable and unwarranted having regards to the evidence adduced at the trial.

GROUND 2

The learned trial Judge erred in law when he suo motu, raised the issue of attempted robbery as being committed by the Appellant and failed to invite the parties to address him on the same before convincing and sentencing the Appellant thereon.

GROUND 3

The learned Judge erred in law when after finding as a fact that the prosecution has failed to prove the offence of armed robbery as required by law, went ahead to convict and sentence the Appellant for the offence attempted robbery which he was never charged with.

GROUND 4

The learned trial Judge, having rejected Exhibit B (the cutlass) as there was no nexus between the Appellant and the cutlass, erred in law in imposing the sentence of life imprisonment on the Appellant.”

After the transmission of record of appeal which was deemed transmitted on 28/4/2014 each of the parties to this appeal filed their respective briefs of argument.

The appellant’s brief of argument was filed on 14/10/2014. The brief was settled by Pwahomdi Lasco Miwa, appellant’s solicitors.