Usman Saminu V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

By an amended charge, the appellant and three others had been arraigned before the High Court of Katsina State, holden at Katsina on a two counts of conspiracy to commit armed robbery and armed robbery contrary to Section 5 (b) and 1 (2) (b) of the Robbery and Firearms Act Cap.398 No. 5, Laws of the Federation, 1990 as amended. The appellant was the 1st accused person. He was alleged to have, on the 28th June, 1996, in Rugar Wake village in Kuraye District of Charanchi Local Government Area of Katsina State, conspired with three others to break into the house of one Indo Dago with the intent of robbing her and to have indeed robbed the said Indo Dago of the sum of N650.00 (six hundred and fifty Naira), while armed with a knife and to have in the course of the robbery, stabbed the said Indo Dago with the knife causing a deep hole in her neck which led to her death.

The appellant had pleaded not guilty to the two count charge and the matter proceeded to trial. The prosecution called six witnesses and tendered 2 Exhibits in proof of the charge. Only the appellant testified in defence but

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did not call any other witness.

At the end of the trial, the trial Court found the appellant guilty as charged. He was convicted and sentenced to death.

Upon being aggrieved with the judgment of the trial Court, the appellant had appealed to the Court below, which court, on the 5th day of May, 2015 found the appeal lacking in merit and dismissed same. The conviction and sentence by the trial Court were affirmed.

Being further aggrieved led to the instant appeal to the Court, by a Notice of Appeal filed on 3rd June, 2015 with four grounds of appeal. This appeal was heard on the following briefs of argument.

Appellant’s brief of argument settled by O. M. Atoyebi Esq., was filed on 18/3/2016 but was deemed properly filed and served on 11/4/2018. The respondent’s brief of argument settled by one Abdul Mohammed Esq., was filed on 21/02/2018 but was equally deemed properly filed and served on 11th April, 2018.

In the said appellant’s brief of argument was distilled a sole issue from the four grounds of appeal for the determination of the appeal. The said lone issue is as follows:

“Whether the judgment of the lower Court

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affirming/upholding the decision of the trial Court was/is based on clear, cogent, credible and unequivocal evidence as required by the law.”

In the respondent’s brief of argument was formulated the following sole issue for determination of the appeal.