CORAM

PARTIES

THE STATE

AREA(S) OF LAW

SUMMARY OF FACTS

This appeal is against the Judgment of the Borno State High Court of Justice, Maiduguri wherein the 1st and 2nd Appellants (1st and 2nd Accused persons at the Court below) were convicted of conspiracy and armed robbery under Sections 97 (1) and 298(b) of the Penal Code Law Cap. 102 of the Borno State Laws and each sentenced to life imprisonment. The story of the 1st Appellant is that, he was in his house with his wife the morning of June 28th 2013 with an injured leg as a result of football he played the day before, June 27th 2013. That, he was carried home from the field, got treatment and was home till the next day in his wife’s company only to be woken by the arresting Police Officers on June 28th 2013. The 2nd Appellant for his part claimed that, he was arrested on his way to visit PW3, a victim of the robbery, who was a neighbor and coworker at the early hours of June 28th 2013 at Mafa Local Government when some youths beat him and got him arrested. That, after investigations at the Police Station Mafa, Mafa town, the matter was transferred to the Anti-Robbery squad, Maiduguri and was thereafter taken to Court. For the Respondent, the story is that on or about June 28th 2014 at about 0600 hours, the PW3, one Babakura Alhaji Mamman and two (2) others reported at the Mafa Divisional Police Station, that about 0200 hours of same date some gang of armed robbers with knives and sticks robbed PW3 of some money and that the PW3 who identified the 1st Appellant, was stabbed with a knife in the abdomen. He was rushed to the General Hospital Mafa and later to Atal Clinic Maiduguri for treatment. After investigations at the Police Station Mafa, Mafa town, the matter was transferred to the Anti-Robbery Squad, Maiduguri and thereafter to Court. Being dissatisfied with the decision of the Court below, the Appellants have appealed to this Court.

HELD

Appeal Dismissed.

ISSUES

Whether the arraignment, trial, conviction and sentence of the Appellants were not illegal by virtue of Non-compliances (sic) with the process of arraignment? Whether the Respondent proved the offences the Appellants were charged beyond reasonable doubt? Whether the learned trial Judge was right to have dismissed the Alibi when same was not investigated and considered alongside the evidence of PW3 to see which is more credible?

RATIONES DECIDENDI

CASES CITED

Not Available

STATUTES REFERRED TO

Criminal Procedure Code|Evidence Act|Penal Code Law Cap. 102 of the Borno State Laws|

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