CaseLaw
IBRAHIM VS. STATE (2013) CLR 12(b) (SC)
Judgement delivered on December 20th 2013
Brief
Facts
In charge No. KDH/KAD/12C/2005 the accused/appellant and three others namely Dan'asabe, Croni and Umar (who are at large) faced a two count charge of criminal conspiracy and armed robbery, contrary to sections 5(b) and 1(2)(a) of the Armed Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of the Federation of Nigeria, 1990. Since the other accused persons were said to be at large, only the accused/appellant was arraigned before the court. The charge which was later amended read as follows:-
COUNT ONE
That you ABDLLLAHI IBRAHIM and other (sic) at large, on or about the 19/3/2002 at about 3.00a.m. At No.3 Magaji Road Badarawa, Kaduna did an illegal act to wit: conspired to commit armed robbery and by so doing committed the offence of criminal conspiracy punishable under section 5(b) of the Armed Robbery and Fire Arms (Special Provisions) Act Cap 398 LFN 1990
COUNT TWO
That you ABDULLAHI IBRAHIM on or about 19/3/2002 at about 3.00a.m at No. 3 Magaji Road, Badarawa, Kaduna while armed with guns and other dangerous weapons attacked and robbed Aminu N. Mohammed and his family, and took away some valuable properties and N4,400.00 cash. You thereby committed the offence of Armed Robbery punishable under section 1(2) (a) & (b) of the Armed Robbery and Fire Arms (Special Provisions) Act Cap 398 LFN 1990.
He pleaded not guilty to the charge. Thereafter the Prosecution called two witnesses namely the victim of the robbery and the Police Officer who investigated the case and recorded a statement from the accused which was tendered in evidence as Exhibit A. The victim of the robbery, Aminu Mohammed testified as PWI while Cpl. Baba Nana who carried out the investigation gave evidence as PW2. Exhibit "A", the statement the accused made was received in evidence without any objection. It turned out to be a confessional statement. The Prosecution closed its case after the witnesses had been cross-examined and the defence opened its case. The accused testified as DWI. He called one other witness, Dari Barau who said they were selling clothes together at Kasuwan Barchi. He said the accused informed him in 2002 that he was travelling to Kano. He demanded payment of a debt owed him by the accused. After leaving, he never saw the accused again. He later learnt that the accused was in police detention. The defence closed its case and learned counsel for the Prosecution and defence then addressed the court. The court thereafter adjourned for judgement. The trial court delivered its judgement on 26/6/2007 wherein it found the accused guilty of robbery contrary to section 1 (a) of the Robbery and Fire Arms (Special Provisions) Act Cap 398 LFN. He was sentenced to 21 years imprisonment. He was dissatisfied with the conviction and appealed against it to the Court of Appeal, Kaduna Division which dismissed the appeal and affirmed the conviction and sentence passed on the appellant. This is a further appeal from the judgement of the lower court delivered on 13/7/2010.