Judgment
CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): In the judgment of the Adamawa State High Court, (hereafter referred to as the lower Court) delivered on 25/2/21 by Abdul-Azeez Waziri, J., the Appellant was convicted and sentenced to death for conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, (LFN) 2004. The Appellant was charged and tried alone while the two (2) others were at large.
At the trial, the prosecution called three (3) witnesses, PW1 – PW3 in proof of its case and tendered two (2), Exhibits “A1” & “A2” respectively. In his defence, the Appellant testified as the DW1 and called four (4) witnesses who testified as DW2 – DW5. At the close of the trial, the trial Court delivered judgment, convicted and sentenced the Appellant to death by hanging. Dissatisfied with the decision the Appellant appealed to this Court.
The background facts are that the Appellant on or about the 26th day of December, 2015 at about 21:30 hours at Tingno, in Lamurde Local Government Area of Adamawa State, with four (4) others agreed to do an illegal act, to wit: rob with offensive weapons such as guns, and knives and did rob Alhaji Samaila Yahya and Alhaji Sani Yahya of the sum of about N1,000,000.00 cash, recharged cards valued at about N1,000,000.00 and a laptop valued at N70,000 while so armed in pursuance of the said agreement.
Upon arraignment, the Appellant had the two count charge read, interpreted and explained to him in Hausa language. The Appellant understood and pleaded not guilty. The Prosecution called three (3) witnesses i.e Alh. Samiala Yahya, Daniya Yahya and Sgt. Usman Sanda who testified as PW1, PW2, and PW3 respectively and tendered Exhibits “A1” and “A2’ the Extra- judicial cautionary statement of the Appellant was admitted in evidence as Exhibits after a trial within trial was conducted. The prosecution thereafter closed its case.
The Appellant testified as DW1 and called four (4) other persons who also testified as DW2 – DW5 respectively and thereafter closed his case. In the judgment of the trial Court, the Appellant was convicted and sentenced to death by hanging.
