CaseLaw
Briefly, the facts of the case as found by the Tribunal are as follows. In the early hours of 2nd August, 1997 at Gambarawa Quarters Katsina two men entered the room of one Abdulkabir Lawal where he lived with his wife Rukayy a Abdulkabir. The two men woke up Abdulkabir Lawal and started beating him. The men stabbed him with a knife. They demanded money from Abdulkabir Lawal. He gave it to them and they left. The victim cried for help. Some people came, took him to hospital where he died on the 4th day of August, 1997. The victim's wife Rukayya who was also in the house was an eye-witness to all that happened on that fateful night. She revealed that the Appellant was one of the two persons who attacked her husband.
The Appellant was arraigned before the Robbery and Firearms Tribunal of Katsina State on a one count charge dated the 13th July, 1998 which alleged that the Appellant on or about the 2nd day of August, 1997 at Gambarawa Quarters Katsina robbed one Abdulkabir Lawal of the sum of N55,700.00 (Fifty-five Thousand, Seven Hundred Naira) and that at the time of the robbery, the Appellant was armed with a knife with which he stabbed the victim (Abdulkadir Lawal) causing him severe injuries leading to his death contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act No.5 Cap.398 Laws of the federation of Nigeria 1990.
He pleaded not guilty to the charge. 11 witnesses testified for the prosecution, 'the Appellant gave evidence in his own defence and called no witness. Learned Counsel for both the prosecution and the defence addressed the Tribunal and in a reserved judgment, the learned trial Judge found the Appellant guilty as charged and sentenced him to death.
The Appellant's appeal to the Court of Appeal was dismissed