Supreme Court reverses death penalty on armed robbery convict

The Supreme Court on Friday in Abuja,set aside a Court of Appeal judgment, which affirmed the conviction to death of one Musa Sani, who was charged with armed robbery.  Delivering judgment, Justice Muhammad Muntaka-Coomassie, who led a five-man panel of judges of the apex court acquitted and discharged the appellant for want of diligent prosecution.

Muntaka-Coomassie 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. He said: “It is a fact 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 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.” The court also held that the complainant, Abdullahi Mohammed, failed to ascertain the N940, 000 that he claimed he was robbed 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 Wednesday. The apex court also faulted the 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. An accused puts up a defence of alibi when he claims that he was not at the scene of the incident of the crime at the time it took place. Sani and one Ifanye Amah, both of Katsina town in Katsina State, were arraigned for allegedly attacking and robbing Abdullahi Mohammed of N940, 000 on May 28, 2008.

They pleaded not guilty and also pleaded a defence of alibi. The News Agency of Nigeria recalls that the trial judge, Justice Sada Abdulmumuni, of a Katsina State High Court in his judgment, had found them guilty and sentenced them to death. Not satisfied with the judgment, the appellant appealed to the Court of Appeal, Kaduna Division, which affirmed his death sentence.

Again, not satisfied with the appellate court’s decision, the appellant proceeded to the Supreme Court to seek further redress, which was granted on Friday. Ifanye Amah, did not appeal his conviction by the Katsina State High Court.