Sani V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the judgment of the Court of Appeal, Makurdi Judicial Division, delivered on 21 December, 2016 which affirmed the 21 years sentence on the appellant by the Chief Judge of Nasarawa State for conspiracy and armed robbery contrary to Sections 6(b) and 1(2) of the Robbery and Firearms Special Provisions Act, 2004.

The Facts

On 9 March, 2012, PW1, Luka Agbawu, decided to go to Onda, (a village in Nasarawa State) so he got on his motorcycle and the journey commenced at 7 p.m. On getting to a sharp bend on the road, the appellant, Ali Mohammed and Jibain Umar emerged from the bush and attacked him with sticks. The appellant hit him on his head with a stick. He was taken into the bush, but he managed to escape, and got a lift from a motorcyclist who took him to Onda. Meanwhile the appellant and his co-accused went off with his motorcycle. On arrival at Onda, PW1 went to a vigilante group and reported the armed robbery to them. He informed them that he was able to recognize only one of them. The appellant, Yusuf Sani. The next day the vigilante group got in touch with him, informing him that he was to come and identify them. On arrival, he was able to recognize only the appellant. PW1’s motorcycle was found in Nasarawa, and the three accused persons were handed over to the police at their Mararaba Station.

The appellant and his co-accused persons were charged to Court, under Section 6(b) and 1 for Conspiracy and Armed Robbery under the Robbery and Firearms Special Provisions Act, 2004.

PW1 Luka Agbawu and PW2, Inspector Bello Abubakar gave evidence for the respondent. The respondent closed its case on 13 May, 2013. Learned counsel for the appellant made a no case submission, which was overruled on 31 July, 2013.

The appellant, Yusuf Sanni gave evidence in his defence, but did not call any witness to testify on his behalf. His statement to the Police was admitted as Exhibit A.

The learned trial Chief Judge of Nasarawa State found the appellant and his co-accused persons guilty. His Lordship said:

“In the instant case, there is no doubt that robbery has been committed by the accused persons where they threatened the complaint (sic) PW1 and hit him with a stick on his hand. They also stole his motorcycle Suzuki from him. I have no doubt in my mind that prosecution is able to prove the offences of Armed Robbery contrary to Sections 1 of the Robbery and Firearms Special Provisions Act 2004 and Section 6(b) of the same Act…”

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The learned Chief Judge, then proceeded to hear allocutus from the learned counsel for the accused persons:

“I have listened to the plea of the learned defence counsel that the accused person are still young and amenable to change … The accused persons are hereby sentenced to 21 years imprisonment inclusive of the years they have spent in prison before the judgment of the Court this morning.”

Dissatisfied with the judgment, the appellant filed an appeal. The appeal was heard by the Court of Appeal (Makurdi Division). That Court affirmed the judgment of the Chief Judge of Nasarawa State in these words:

“In the result and for all the foregoing reasons, I find no merit in the appeal, it fails and is dismissed. Accordingly, the judgment of the High Court of Justice, Nasarawa State sitting in Lafia, in suit No. NSD/LF.78C/2012 between Yusuf Sani & 2 Ors v. The State, delivered on 30 June, 2015 is hereby affirmed. I make no order as to costs.”