Judgment
MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the Katsina State High Court, sitting at Funtua, delivered on the 27th day of February, 2017 by Hon. Justice Ibrahim M. Bako (of blessed memory) whereby the Appellant was convicted and sentenced to 2 weeks imprisonment for the offence of causing grievous hurt, punishable under Section 247 of the Penal Code Law of Katsina State as a lesser offence to the charge of Armed Robbery contrary to Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11 LFN 2004.
The Appellant was charged alongside one Amadu Abubakar (the 2nd accused) on a one count charge of armed robbery. The Appellant pleaded not guilty to the charge. At the hearing of the case before the trial Court, five witnesses testified for the Respondent (Prosecution). The Appellant testified for himself and called one other witness. The learned trial judge examined the testimony of the witnesses vis-à-vis, the ingredients of the offence of armed robbery as charged.
He was not convinced that the Respondent (Prosecution) made out a case against the Appellant and co-accused for the offence of armed robbery. He thereupon convicted the Appellant and his co-accused for the offence of causing grievous hurt punishable by Section 247 of the Penal Code Law, Cap. 96 Laws of Katsina State, 1991.
The reasoning and conclusion of the learned trial judge could be found on pages 59 – 60 of the Record of Appeal thus: “By and large, while I am not convinced that the charge of armed robbery against the accused persons punishable under Section 1(2)(a) and (b) of the Robbery and Fire-arms (Special Provisions) Act, Chapter R. 11 LFN 2004 is not sustainable in view of the absence of the essential elements of the said offence, which I have identified in the preceding paragraphs, it is my view that the accused persons’ treatment of the witness (i.e.
PW 1) whereby they caused him to lose control of his motorcycle and have an accident thereby injuring his face and right hand is wrongful. From the description given by PW2 of the nature of injuries sustained by PW1, it is clear that it is a type that endangers life just like any injury in the face or somewhere on the head. It is the type of hurt envisaged by Section 240(g) of the Penal Code as being among the types of hurt designated as grievous hurt.
