Judgment
ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division (hereafter to be called the Court below), delivered on the 9th of February, 2018.
The appellant and other accused persons were convicted and sentenced to 40 years imprisonment for the offences of conspiracy and armed robbery contrary to Section 97(1) and 298 respectively, of the Penal Code Law of Kano State.
The charges against them in the amended charge sheet dated 14/7/2010, read as follows: 1st Head of Charge That you, Alhaji Tahir Yahaya, Salisu Adamu, Usman Hamza, Sani Ayuba, Muhammed Musa and Maikudi Haliu, on or about the 5th September, 2007 at about 1930hrs, at No. 900 Muhammed Gauyana Road, Hotoro GRA in Nasarawa Local Government Area, Kano State within the Kano Judicial Division, agreed to do an illegal act, to wit: rob Aisha Muhammed Yakassai of No. 900 Muhammed Gauyana Road, Hoyoro and that the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 97(1) of the Penal Code (Cap 105) Laws of Kano State 1991. 2nd Head of Charge That you, Alhaji Tahir Yahaya, Salisu Adamu, Usman Hamza, Sani Ayuba, Muhammed Musa and Maikudi Haliu, on or about the 5th September, 2007 at about 1930hrs, at No. 900 Muhammed Gauyana Road, Hotoro GRA in Nasarawa Local Government Area, Kano State within the Kano Judicial Division, while armed with guns and other weapons robbed one Aisha Mohammed Yakassai of her following items: N250,000.00 cash, 13 sets of gold jewelries, 10 handsets, bangles and wristwatches valued at N1.8 Million and you thereby committed an offence punishable under Section 289 of the Penal Code (Cap 105) Laws of Kano State 1991.
The case of the prosecution as told by the victim, Aisha Mohammed (PW1) is that the appellant was among a gang of armed robbers that robbed her on the 5th of September, 2007 when she came back home from greeting her mother who had just returned from a trip. The armed robbers had locked up her domestic staff in a room, after collecting their handsets. The armed robbers asked them to lie down at the living room, while they searched all the rooms in the house and found money and gold and when they heard Police siren, they escaped.
