Judgment
ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against the judgment of Jigawa State High Court in Charge No. JUD/20C/2000, delivered on 30th August, 2004 by Hon. Justice Tijani Abdullahi, wherein the learned trial Judge convicted the Appellant, together with other accused persons, for offence of Criminal Conspiracy and Armed Robbery, and sentenced him (with the others) to death by hanging.
At the lower Court, Appellant (as 4th Accused person) was charged, with 8 other accused persons, as follows: FIRST HEAD OF CHARGE: ”That you, Muhammed Usman, Muhammed Adamu, Musa Sale, Abdullahi Muhammed, Ya’u Sale, Adamu Muhammed, Muhammed Rabi’u, Muhammadu Adamu, Dahiru Buba Kiyawa on or about 1st day of September, 1998 at about 0200 hours at Kwanar Dogaji Village along B/Kudu/Kano Highway in B/Kudu Local Government Area of Jigawa State within the Jigawa State Judicial Division agreed to do an illegal act to wit: mounting a road block with logs of wood, attacking one Abdullahi Daiyabu Sara and one Dr.
Umar Hamman and robbing them of the sum of Thirty thousand, six hundred Naira (N30,600.00), 2 sets of big gowns, 3 long gowns, five caps and a bed sheet in-their vehicle with Registration No.
AA 159 GRM and you thereby committed an offence punishable under Section 5(b) of the Robbery and Firearms (Special Provisions) Act (Cap 398) 1990 as amended by Decree No.9 of 1991.” 2ND HEAD OF CHARGE: “That you, Muhammed Usman, Muhammed Adamu, Musa Sale, Abdullahi Muhammed, Ya’u Sale, Adamu Muhammed, Muhammed Rabi’u, Muhammadu Adamu, Dahiru Buba Kiyawa on or about 1st day of September, 1998 at about 0200 hours- at Kwanar Dogaji Village along B/Kudu/Kano Highway in B/Kudu Local Government Area of Jigawa State within the Jigawa State Judicial Division agreed to do an illegal act, to wit: robbing a lorry Driver one Ali Doctor and his Conductor, one Balarabe Ibrahim in their vehicle with registration No.
XC 191 GME, the sum of thirty-nine thousand Naira (N39,000.00) and other valuable properties and you thereby committed an offence punishable under Section 5(b) of the Robbery and Firearms (Special Provisions) Act (Cap 398) 1990 as amended by Decree No. 9 of 1991.” 3RD HEAD OF CHARGE: “That you, Muhammed Usman, Muhammed Adamu, Musa Sale, Abdullahi Muhammed, Ya’u Sale, Adamu Muhammed, Muhammed Rabi’u, Muhammadu Adamu, Dahiru Buba Kiyawa on or about 1st day of September, 1998 at about 0200 hours at Kwanar Dogaji Village along B/Kudu Kano Highway in B/Kudu Local Government Area of Jigawa State within the Jigawa Judicial Division did an illegal act to wit: committing armed robbery by blocking the road with logs of wood among yourselves with sticks, a dane gun and matchets and other dangerous weapons and attacking and robbing one Abdullahi Daiyabu Sara and one Dr.
