Judgment
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Katsina State High Court delivered on 5th of October, 2017 in Suit No: KTH/27C/2016. The appellant along with three other accused persons were arraigned before the High Court of Justice Katsina State for the offence of armed robbery contrary to Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap R 11LFN 2004. They were found guilty and sentenced to 21 years imprisonment.
The case of the respondent against the appellant and the three other convicts was that on 5th of September, 2016 one Gambo Mallam Ya’u (PW1) was robbed by four men armed with sticks, machetes and horns while they were masked. At the trial seven (7) witnesses testified for the respondent and several exhibits were tendered and admitted in evidence, including the statements of the appellant, Exhibits C, D, C1 and D1. The appellant and the three other co-accused persons testified in their own defence.
After hearing the learned trial Judge found them guilty as charged, convicted them and sentenced them to 21 years imprisonment. Being aggrieved by the decision the appellant appealed to this Court vide the original notice of appeal filed on the 5th of March, 2020. On the 24th of February, 2020, the appellant was granted 14 days extension of time to appeal. The appellant filed an amended notice of appeal on 16th of June, 2021 and same was deemed on 27th of September, 2021. The amended notice of appeal contain two (2) grounds of appeal.
At the hearing of this appeal on the 14th of February, 2022, Olujoke Aliyu of counsel adopted the appellant’s brief of argument filed on 16th of June 2021 and deemed on 27th of September 2021. And the reply brief filed on 29th of October, 2021 and deemed on 2nd of November, 2021. Having adopted the two briefs the appellant’s counsel urged the Court to allow the appeal. The respondent’s brief was settled by Omosanya Popoola and it was filed on 27th of September, 2021 and deemed on same date 27th September, 2021.
After adopting the said brief the learned counsel urged the Court to dismiss the appeal.
The appellant distilled a sole issue for determination from the two grounds of appeal, thus: “Whether having regard to the evidence led at the trial, there was reasonable doubt as to the alleged robbery and the appellant’s participation in the same.” The respondent equally distilled a sole issue for determination thus: “Having regard to the facts and circumstances of this case, whether the trial Court did not properly evaluate the material evidence adduced before it when it convicted and sentenced the appellant for the offence of armed robbery.” However an appellate Court is not bound by the issues formulated by the appellant or the respondent.
