Judgment
ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment) : Appellant filed this appeal against the judgment of Kano State High Court in Charge No. K/197C/2017, delivered on 9th October, 2020 by Hon. Justice A.R.D.
Mohammed, who found the Appellant (and 2 other accused persons) guilty of the offence of attempted armed robbery, under Section 299 of the Penal Code of Kano State, and punished under Section 2(1) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN 1990, and sentenced him to 14 years imprisonment. Appellant was the 2nd Accused Person, charged with two other accused persons, for armed robbery contrary to Section 298 of the Penal Code, Cap 105 Laws of Kano State. Appellant had pleaded not guilty to the charge.
The prosecution called 2 witnesses and tendered Exhibit A2 – confessional statement of the Appellant. Appellant testified in his defense. At the end of the trial, and after considering the evidence and addresses of counsel, the trial Court convicted the Appellant and sentenced him to 14 years, imprisonment, saying: “The evidence of the 2nd accused as DW2 above clearly clears the defence of not making a statement to the Police. He admitted giving his statement by admitting that he gave the IPO his bio data.
I therefore discountenance the argument that the 2nd accused did not give any statement to the Police at SARS office. Exhibit A2 is his statement which was admitted without objection. At the time of the tendering of Exhibit A2, counsel to the 2nd accused did not object to its admissibility nor did he allege the statement was obtained by torture or involuntarily. The raising of this issue at the time of his evidence in chief is definitely an afterthought. The DW2 is definitely not a witness of truth. Even the allegation of torture can not be supported by any evidence.
He alleged he was hanged, beaten and refused food and water everyday for 24 days. Yet he survived without any medical condition. I believe no human being can survive for 24 days without food and water. I find the 2nd accused is only raising it as an afterthought. Exhibit A2 is a confessional statement. The 2nd accused admitted being with the 1st & 3rd accused persons at the time of the commission of the offence. He also admitted conspiring with them and one other person Umar Snake (now at large) to rob the PW1 of his money.
