CaseLaw
State V. Yamusissika (1974) CLR 6(a) (SC)
Judgement delivered on June 11th 1974
Brief
Facts
The only point raised by this appeal concerns the jurisdiction of the Upper Area Court to try cases of robbery under section 298(a) of the Penal Code, The facts of the case are hardly in dispute and as the Upper Area Court, Yola, found, the respondent was described and identified by Sajo Bawa, the complainant, as one of those who accosted him on the evening of the 8th January, 1972, armed with cutlasses and robbed him of all the money then in his pocket - an amount of £6: - : 1d., i.e.Nl2.01. There were two persons originally accused of the offence but the 2nd accused, one Maiadiko Shallman, was discharged for want of evidence. Lantarki Yamusissika, hereinafter to be referred to as respondent (since he is the respondent to the present appeal) then appealed to the High Court, Yola, against his conviction. It seems clear that the only point on which the High Court on appeal had based its judgment in the appeal was that of jurisdiction and by that judgment the court discharged and acquitted the present respondent.