CaseLaw
FRN V. Usman (2012) CLR 3(d) (SC)
Judgement delivered on March 23rd 2012
Brief
Facts
The respondents were charged and arraigned on two counts before an Abuja High Court which read:
Count 1.
That you Mohammed Usman 'M' alias YaroYaro, Umaru Ibrahim 'M' alias Yellow Kukuru and Mohammed Ahidjo alias Bokolo on or before the 12th day of March, 2005 at the Abattoir in Abuja within the Abuja Judicial Division conspired with others at large to commit armed robbery and thereby committed an offence contrary to section 5(b) and punishable under section 1(2)(b) of the Robbery and Firearms (special provisions) Act cap 398 Laws of the Federation 1990.
Count 2.
That you Mohammed Usman 'M' alias Yaro Yaro, Umaru Ibrahim 'M' alias yellow Kukuru and Mohammed Ahidjo alias Bokolo on 12th day of March, 2005 between 7pm and 7.30 pm mounted robbery operation along Mokwa/Ezhi Road in Niger state and killed one Sgt MakamaYakubu, a Police escort attached to Mr. Justice Mustapha Akanbi, Chairman Independent corrupt Practices Commission (ICPC) and thereby committed an offence punishable under section 1(2)b) of the robbery and firearms (special provisions) Act Cap 398 Laws of the Federation 1990.
The appellants entered not guilty pleas. Four witnesses testified for the prosecution. They were all Policemen. Four statements were admitted in evidence as exhibits. They are statements of the respondents, and statements of PW3 and PW4. The respondents witness. At the conclusion of trial the learned trial judge in a judgment delivered on 22/10/99 said: "On the whole and totality of the evidence as adduced by the prosecution and argument canvassed on both sides as well as exhibits before the court, it is my well-considered judgment that the prosecution has proved beyond reasonable doubt the two count charge against each of the two accused persons who, I hereby find guilty and accordingly convict as charged."
The learned trial judge proceeded to sentence both respondents to death by hanging. The Court of Appeal reasoned differently. It allowed the appeals filed by the respondents, set aside the judgment of the trial court, and ordered each respondent acquitted and discharged.
This appeal is against that judgment.
Issues
Whether the discharge and acquittal of the 2nd respondent by the lower court...