Judgment
JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Kaduna Judicial Division delivered on 3rd July, 2015 in appeal No. CA/K/435/C/2014. In that appeal, the Court below acquitted and discharged this Respondent of the conviction and sentence imposed on him by the High Court of Katsina State for offences of robbery and culpable homicide.
The Respondent who was 3rd accused person, was arraigned together with four others before the High Court of Katsina State on a two count charge of robbery and culpable homicide as follows: “Count one: That you Babangida Abubakar alias Gidgo of Sabuwar Kofa quarters Katsina, Sani Idris alias Shamuloke of Kofar Marusa quarters Katsina, Abdulhadi Sadiq alias Baba Reza of Kofar Marusa quarters Katsina, Lawal Abubakar alias Dan Lawal of Kofar marusa quarters Katsina and Idris Umar alias Dan Idi of Sabuwar Unguwa Koren Dorowa Katsina, on or about the 11th day of October, 2012 while in company of others now at large, while armed with sticks and matchets, attacked, wounded and left unconscious Sulaiman Abubakar and Usman Abubakar who are security guards of Mangal Plaza, Yahaya Madaki way, Kofar Kaura Katsina, you then burgled and entered the shop of one Alh.
Babangida Ali at the same address where you took away different types of G. S.
M. handsets valued at about the sum of Three Million Naira (N3 million) and money in the sum of Three Hundred and Fifty Two Thousand Naira (N352,000.00) and you thereby committed an offence punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria, 2004.” “Count two: That you Babangida Abubakar alias Gidigo of Sabuwar Kofa quarters Katsina, Sani Idris alias Shamuloke of Kofar Marusa quarters Katsina, Abdulhadi Sadiq alias Baba Reza of Kofar Marusa quarters Katsina, Lawal Abubakar alias Dan Lawal of Kofar Marusa quarters Katsina and Idris Umar alias Dan Idi of Sabuwar Ungwa Koren Dorowa Katsina, on or about 11th day of October, 2012 while in company of others now at large, at Mangal plaza Yahaya Madaki Way Katsina, attacked and beat one Usman Abubakar with sticks and cut him with matchets which resulted in his death with the knowledge that death would be the probable consequence of your act and you thereby committed the offence of culpable homicide punishable under Section 221 of the Penal Code”.
