CaseLaw
State V. Muhammad (2019) CLR 6(L) (SC)
Judgement delivered on June 21st 2019
Brief
Facts
The respondent who was the 1st accused along with two other accused namely Aminu Sada and Yunusa Ibrahim (Chamama) were arraigned before the Katsina State High Court in Charge No. KTH/3C/2004 for robbery contrary to Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act 1990. They all pleaded not guilty to the Charge.
The respondent who was the 1st accused along with two other accused namely Aminu Sada and Yunusa Ibrahim (Chamama) were arraigned before the Katsina State High Court in Charge No. KTH/3C/2004 for robbery contrary to Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act 1990. They all pleaded not guilty to the Charge.
The prosecution called four witnesses while the accused gave evidence in their defence. The prosecution sought to tender the statements of the accused but objection was taken to their admissibility on the ground that the statements were not made voluntarily. The objection was sustained and the statements were rejected. At the end of the trial all the accused were found guilty of the offence of robbery and sentenced to death by hanging based on the evidence of PW4, one of the victims of the robbery, whose evidence was not impeached.
Dissatisfied with the said judgment the convicts filed separate notices of appeal to the Court of Appeal, Kaduna in appeal No. CA/K/244/C/2007. In their judgement delivered on 28 March, 2013, the appeal was allowed and the conviction and sentence of the appellants namely Abdulkarim Mohammed, Aminu Sada and Yunusa Ibrahim (Chamama) were set aside and they were discharged and acquitted. It is against the reversal of the conviction and sentence of the accused by the Court of Appeal of the judgement of the Katsina State High Court that prompted the State to appeal to this Court.
Issues
Whether from the evidence adduced at the trial the prosecution proved the...