CaseLaw
Shehu Mohammed V. Kano State (2019) CLR 5(g) (SC)
Judgement delivered on May 10th 2019
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 22nd day of May, 2015 wherein the lower Court set aside the conviction and sentence to death of the appellant by the learned trial Judge, declared the entire trial a nullity for failure to take the plea of the appellant before trial and ordered a retrial of the appellant by another Judge of the Kano State High Court. The appellant was jointly charged and tried before Justice Badamosi of the Kano State High Court for the offences of conspiracy to commit the offence of armed robbery punishable under Section 6(b) of the Robbery and Fire Arms (Special Provisions) Act, Cap 11 of 2004 and Armed Robbery punishable under Section (1) (2) (a) of Robbery and Fire Arms (Special Provisions) Act Cap, Laws of the Federation of Nigeria 2004.
A brief facts leading to this appeal shows that on 12th November, 2012, at about 3:00 am, Professor Ibrahim Ayagi (PW1) was attacked in his house by some armed robbers who tied his hands, beat him to a state of unconsciousness and robbed him and his wife of the sum of N540,000, wrist watches, Gold jewelries valued at N900,000 among other items. Professor Ayagi was hospitalized at the Aminu Kano Teaching hospital and later transferred to Abuja Hospital and subsequently flown outside the country for treatment. A few weeks later, the appellant and one Muhammed Nasiru were arrested by the police in connection with the robbery, tried, convicted and sentenced to death. At the trial, which commenced on 15th March, 2009, the prosecution called six witnesses and tendered the confessional statement of the Appellant which was admitted as Exhibit A. Appellant testified in his defence and called no witness. In a reserved judgment delivered on 18th June, 2012, the learned trial Judge convicted and sentenced the appellant to death by hanging. Dissatisfied with the said judgment, the appellant appealed to the Court of Appeal, Kaduna which allowed the appeal on the ground that the appellant was not properly arraigned and ordered a retrial before another Judge of the Kano State High Court. Again, not satisfied with the order of retrial, the appellant has further appealed to this Court.
Issues
Whether the Court below was right in ordering a re-trial after setting aside the first trial by the learned trial Judge....