Stories by Ameh Ejekwonyilo
The Supreme Court has aside a judgment of the Court of Appeal, Abuja Division, which had affirmed the conviction to death of a man, Musa Sani, who was charged with alleged armed robbery.
Justice Muhammad Muntaka-Coomassie, who read the lead judgment of a five-man panel of judges of the apex court which he presided acquitted and discharged the appellant for want of diligent prosecution by the prosecution.
The apex court held that the prosecution failed to establish a clear case of armed robbery against the appellant, as the prosecution witnesses did not provide credible evidence against him.
“It is a fact that, that can never be altered, that the prosecution failed woefully to establish any ingredient of the offence of armed robbery against the appellant.
“All the issues distilled by the appellant, and adopted by the respondents, are pregnant with tremendous merits, same is hereby resolved in favour of the appellant; appeal is therefore meritorious and allowed.
“The conviction and sentence dished out on the appellant are, hereby, set aside and in their place the appellant is acquitted and discharged forthwith,’’ Muntaka-Coomassie said.
The court further held that Abdullahi Mohammed, the victim, failed to ascertain the sum of N940,000 that he claimed he was robbed of, and could not establish the source of the money.
The court also faulted Mohammed’s claim that he was robbed on a Saturday, May 28, 2008, but the day was later proved to be a Wednesday.
The apex court also faulted the concurrent decisions of the Court of Appeal and trial court, which both overlooked the appellant’s plea of alibi, although he provided his address, date and time at the time of the crime.
The appellant had put up a defence of alibi when he claimed that he was not at the scene of the incident of the crime at the time it took place.
It would be recalled that Sani and one Ifanye Amah, both of Katsina town, Katsina state, were arraigned for allegedly attacking and robbing one Abdullahi Mohammed of the sum of N940,000 on May 28, 2008.
They had pleaded not guilty to the charge and also pleaded a defence of alibi.
Justice Sada Abdulmumuni, the trial High Court judge, had, in his judgment, convicted and sentenced them to death.
Not satisfied with the judgment, the appellant had successfully appealed alone to the Court of Appeal, Kaduna Division.
The Court of Appeal affirmed his conviction and death sentence, following which he, again, proceeded to the Supreme Court to further seek justice.
