Judgment
HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This appeal is grounded on the findings of facts and the law as determined by the Lower Court. The Court charged with the duty to review the facts and evidence on appeal also needs to make specific findings of fact in order to determine whether the Lower Court’s findings were valid. Halilu Muhammed v I.G.P. (1970) NNLR 98, Stephen v. The State (1986) 5 NWLR Pt.46 Pg. 978.
The facts that led to this appeal are as follows: The Respondent along with five other co-defendants at trial were charged before the Trial Court with the offence of Armed Robbery punishable under Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990 as amended. The Respondent was alleged to have robbed one Alh. Ummaru Masanawa (the village head of Sabuwar Kasa) at Sabuwar Kasa village in Kafur Local Government Area of Katsina State of the sum of N30, 000:00 (Thirty Thousand Naira only).
The victim died of gunshot wounds inflicted during the robbery. The Respondent and the other five (5) defendants pleaded not guilty to the charge before the Hon. Justice Sanusi Tukur at the Trial Court. At the trial, eight (8) witnesses testified for the Appellant and some Exhibits were tendered and admitted in evidence. P.W.1, P.W.2 & P.W.6 were relatives of the victim who witnessed the robbery. None of them could identify the robbers. P.W.3, 4, 5, 6, 7 and 8 were Investigating Police Officers who investigated the crime and took statements from all the six defendants.
The only evidence against the present Respondent is the statement of a non-witness that he was one of several robbers in the Kaduna Area. The Respondent as the 2nd Defendant on the other hand testified for himself and did not tender any exhibit at the Trial Court.
The Respondent and five others were thereafter found guilty and subsequently convicted and sentenced to death accordingly. Dissatisfied with the judgment of the Trial Court, the Respondent had appealed to the Court of Appeal (Lower Court) sitting at Kaduna. He was discharged and acquitted by the Lower Court on the 13th November, 2015, Coram Habeeb A.O. Abiru, JCA and Adefope-Okojie, JCA and Amina Wambai, JCA. Dissatisfied with the said decision, the Appellant- Katsina State Government, has now appealed to this Court.
