Judgment
MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment) : The Appellant was arraigned before the High Court of Justice, Kaduna on a charge dated the 7th day of December, 2012.
The Appellant was arraigned along with two others at large on a two count charge reproduced hereunder: COUNT ONE That you RICHARD MOSES (Alias Abacha), CHECHET (Alias Celestine) (at large) and Kenneth (Alias Bayo) (at large) on or about the 10th day of March, 2018 at Manchok in Kaura Local Government Area of Kaduna State agreed and armed yourselves with guns to go and rob residents of Ungwan Hausawa Manchok and in the process you shot and killed one Abubakar Garba Dankera which act you did in pursuance of the said agreement and thereby committed an offence punishable under Section 6(b) of the Robbery and Firearms (Special provisions) Act Cap R11, Laws of Federation of Nigeria.
COUNT TWO That you RICHARD MOSES (Alias Abacha), CHECHET (Alias Celestine) (at large) and KENNETH (Alias Bayo) (at large) on or about the 10th day of March, 2018 did an illegal act to wit: you armed yourselves with gun and robbed the residents of Ungwan Hausawa and carted away the sum of N1,943,000 (One Million Nine hundred and forty-three thousand naira only) and properties worth N700,000 (Seven hundred Thousand Naira) only belonging to Danjuma Ibrahim Balarabe and you also killed one Abubakar Garba Dankera.
You thereby committed the offence of Armed Robbery punishable under Section 1(2)(a) & (b) of the Robbery and Firearms (Special provisions) Act Cap R11 Laws of the Federation of Nigeria 2004. The Appellant pleaded not guilty to the charge. The Prosecution opened its case, calling PW1, the IPO to testify as to the circumstances that gave rise to the case. PW1 testified that he was on duty on the 22nd day of September, 2018 and that the Appellant was arrested by the Civilian J.T.F. (vigilante group) and brought to his station.
PW1 testified that he was informed that on the 19th day of September, 2018, the Appellant was arrested and made a confessional statement that he was among those that attacked one Balarabe Ibrahim Danjuma of Hausawa Manchok. That on the 10th day March, 2018, there was an attack and the Appellant and his friends all conspired and entered into Balarabe’s neighbour house and one Abubakar Garba Dankira came out to ascertain the situation and was shot dead. It was said that the Appellant informed them that he was ready to change, thus, the reason for the confession.
