Zakari Ya’u V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court delivered on 28/10/2010 by G.I. Kurada J whereby the appellant was convicted and sentenced to death for the offence of Armed Robbery.

The charge against the Appellant who was the 3rd accused person and three other accused persons he charged along with, is adumbrated as follows:

THE CHARGED:

“COUNT ONE:

That you MOHAMMED IBRAHIM (M), YAKUBU UMAR (M), ZAKARIYA’U (M), HUSSAINI (M) (at large) on or about the 22nd of March 2001 at Tafa village Kagarko Local Government Area of Kaduna State conspired together to rob LIBABATU ABDULAHI (F), HADIZA MUSA (F) and HADIZA AHMADU (F) and thereby committed an offence punishable under section 97 of the penal code law and triable by the High Court of Justice, Kaduna State.

COUNT TWO:

That you MOHAMMED IBRAHIM (M), YAKUBU UMAR (M), ZAKARIYA’U (M), HUSSAINI (M)

(at large) on or about the 22nd of March 2001 at Tafa village Kagarko Local Government Area of Kaduna State committed and illegal act to wit:

You robbed LIBABATU ABDULLAHI (F), HADIZA MUSA (F) and HADIZA AHMADU (F) white armed with sticks and

other weapons and stole the sum of N54,600.00 and other valuables and in the process also beat one Nasiru Alfa who later died in the Hospital and by so doing committed the offence of ARMED ROBBERY punishable under section

11 sub-section (2) (a) and (b) of the Robbery and Firearms, Act Cap 398, Laws of the Federation of Nigeria, 1990”.

The 4th accused person Hussaini, who has been at large never appeared throughout the trial. At the close of the case for the prosecution, learned counsel to the accused persons made a no case submission which was upheld in respect of the 1st and 2nd accused persons only, and they were discharged while the appellant ZAKARI YA’U was called upon to enter his defence. The judgment now being appealed against therefore relates only to the 3rd accused person, Zakari Ya’u.

In convicting the appellant, the trial Court said inter-alia thus:

“The accused was however not charged for conspiracy to commit an offence under the penal code, but rather,