Shuaibu Idi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment)

The State initiated Criminal proceedings against Shuaibu Idi and Jingi Bura before the High Court of Justice, Yobe State holden at Potiskum on the following charge:

?That you Shuaibu Idi and Jingi Bura on or about the 15th day of September, 1998, at about 02:00 hours at Dogon Rijiya Ward, Damagum in Fune Local Government Area that is within the jurisdiction of Yobe State High Court of Justice, while armed with offensive weapons to wit dane guns, bows and arrows and sticks did attack, wounded and robbed one Mr. Sunday Onyeador and his brother Ejike Onyeador and Amobi Emmanuel and their money the sum of Seventy Eight Thousand Naira (N78,000.00) and properties value of which is not yet known and you therefore committed an offence contrary to the provision of Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provision) Act Cap.398, Laws of the Federal Republic of Nigeria, 1990.?

?When the case came up for mention on 27th September, 2000 the prosecution had to dispense with one of the accused person who had jumped bail in

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the Chief Magistrate Court Potiskum but opted to proceed against the appellant and Jingi Bura who is not a party in this appeal. The accused persons pleaded not guilty to the charge on 4th October, 2000. Hearing commenced on 12th October, 2000. The prosecution called PW1 to PW6. At the request of the defence a trial within trial was held to determine the voluntariness of the extra-judicial statements of the accused persons.

The learned trial Judge held on 22nd June, 2004 that the extra-judicial statements were voluntarily made. They were admitted as Exhibits ?A? and Exhibit ?B? respectively. Thereafter, the accused persons testified as DW1 (Shuaibu Idi) and DW2 (Jingi Bura). None called any witness. Learned Counsel addressed the Court. The learned trial Judge rendered his decision on 14th December, 2005 holding at page 89 lines 21 to page 90 lines 1 to 16 of the printed record as follows:

?Therefore, after taking all the evidence before the Court in consideration, I am satisfied that the prosecution has established all the ingredient of the offence and proved the case beyond reasonable doubt against the accused persons.<br< p=””

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Accordingly, I found the accused persons guilty of the offence of armed robbery as charged.

CONVICTION:

I hereby find the accused persons guilty and convict them of the offence of armed robbery punishable under Section 1(2) of the Robbery and Firearms (Special Provision) Act Cap.398, Laws of the Federal Republic of Nigeria, 1990 as charged.

ALLOCUTUS: