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"That you Samuel Attah of Na'ibawa quarters, Vincent Friday of Unguwa Uku quarters, Ikechukwu Sunday of Na'ibawa quarters and Hyginus Oformata of Unguwa Uku quarters within the Kano Judicial Division on the 10th day of September, 2000 at 8:30pm while armed with guns committed the offence of armed robbery in the house of Alhaji Danjuma Ali Garko of Na'ibawa and robbed them of cash and jewellery worth N94,000.00 (ninety-four thousand naira) only thereby committed an offence punishable under section I (2) (a) of the robbery and firearms (special provisions) decree 1984 as amended by decree No. 62 of 1999."
Five witnesses testified for the prosecution while each of the accused persons and four other witnesses testified for the defence. At the close of evidence and after address of counsel for the prosecution and the defence the learned trial Judge, in the judgment on the 24/07/03, found each of the accused persons guilty and each was accordingly sentenced to death. The appellant and each of the others convicted with him appealed to the Court of Appeal. Each filed a separate notice of appeal. A joint brief of argument was filed for the appellant and the three others convicted along with him. In its unanimous judgment on the 6th of January, 2009 the appeal was dismissed.
On the 9th of July, 2009 this court granted the appellant extension of time within which to appeal. He was also granted leave to raise and argue fresh issues never argued at the courts below. On behalf of the parties briefs of argument have been filed and exchanged. The appellant's brief of argument was prepared by Dr. J.Y. Musa and it was filed on the 15/10/09. He also prepared the appellant's reply brief, which was filed on the 15/12/09. The respondent's brief was prepared by Alhaji Aliyu Umar, Hon. Attorney General Kano State Ministry of Justice.
