CaseLaw
The appellant and two other accused persons, Sirajo Muhammad (Dandos) and Nura Sabo were tried on a two count charge of robbery under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria 1990 as amended. They were convicted and sentenced to death based on their confessional statements which were admitted as Exhibits "A, "B" and "C". Nine witnesses testified in the trial. All the accused testified.
The appellant gave evidence as DW4 and called Nalado Adamu (DW 9) who testified on his behalf. Nura Sabo (3rd accused) testified as DW2 while Garba Ibrahim (DW1) and Shamsu Namadi (DW 6) testified in his favour and Sirajo Muhammad Dandos (2nd accused) testified as DW3 while Umaru Abdussamad (DW 5) Sarkin Aska (DW 8) testified on his behalf.
In his judgement delivered on 26/11/2006, S. A. Mahuta CJ Katsina State did not find any corroborative evidence in support of Exhibits "A, "B", "C" but inspite of this held as follows:
"It is also my candid opinion that based on the confessional statements of the accused persons as contained in Exhibits "A", "B" and "C" the Court is left in no doubt that the accused persons committed the robberies of 29th January, 2002 and the one in April of the same year."
The appeal to the Court below was dismissed, hence the further appeal to this Court.