Shehu Mohammed V. Kano State (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 22nd day of May, 2015 wherein the lower Court set aside the conviction and sentence to death of the appellant by the learned trial Judge, declared the entire trial a nullity for failure to take the plea of the appellant before trial and ordered a retrial of the appellant by another Judge of the Kano State High Court.

The appellant was jointly charged and tried before Justice Badamosi of the Kano State High Court for the offences of conspiracy to commit the offence of armed robbery punishable under Section 6(b) of the Robbery and Fire Arms (Special Provisions) Act, Cap 11 of 2004 and Armed Robbery punishable under Section (1) (2) (a) of Robbery and Fire Arms (Special Provisions) Act Cap, Laws of the Federation of Nigeria 2004.

A brief facts leading to this appeal shows that on 12th November, 2012, at about 3:00 am, Professor Ibrahim Ayagi (PW1) was attacked in his house by some armed robbers who tied his hands, beat him to a state of unconsciousness and robbed him and his wife of the

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sum of N540,000, wrist watches, Gold jewelries valued at N900,000 among other items. Professor Ayagi was hospitalized at the Aminu Kano Teaching hospital and later transferred to Abuja Hospital and subsequently flown outside the country for treatment. A few weeks later, the appellant and one Muhammed Nasiru were arrested by the police in connection with the robbery, tried, convicted and sentenced to death.

At the trial, which commenced on 15th March, 2009, the prosecution called six witnesses and tendered the confessional statement of the Appellant which was admitted as Exhibit A. Appellant testified in his defence and called no witness. In a reserved judgment delivered on 18th June, 2012, the learned trial Judge convicted and sentenced the appellant to death by hanging.

Dissatisfied with the said judgment, the appellant appealed to the Court of Appeal, Kaduna which allowed the appeal on the ground that the appellant was not properly arraigned and ordered a retrial before another Judge of the Kano State High Court. Again, not satisfied with the order of retrial, the appellant has further appealed to this Court. Notice of appeal was filed on 22nd

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June, 2015

This appeal was argued on 14th February, 2019. Counsel for both parties adopted their respective briefs. Appellant’s brief was filed on 6th June, 2016 and signed by Yakubu Maikasuwa Esq. It was however deemed properly filed on 31st January, 2018. Also, the brief of the respondent, settled by Mukhtar Sani Daneji Esq., Solicitor General of Kano State, was filed on 28th July, 2016 but deemed filed on 31st January, 2018. Learned counsel for the appellant has distilled one issue for the determination of this appeal. It states: –

“Having regard to the facts and circumstances of this case, was the Court of Appeal right in ordering a retrial after nullifying the trial and conviction of the Appellant”

Learned counsel for the respondent adopts the sole issue as couched by the appellant.

Appellant’s main contention in this issue is that the Court below did not take into consideration the principles laid down for such an exercise as adumbrated in Abodundu vs Queen (1959) SCNR 162 and although the principles were considered in the contributing judgment of Abiru, JCA, it was not done in the lead judgment. Secondly, that the possibility of