Facts
On the 24th May 2011, a robbery incident occurred at Illela Village, Safana Local Government Area of Katsina State. The robbers attacked and robbed one Mrs. Sa’adatu Abubakar. They also shot and injured others while at it. The angry villagers apprehended and killed three of the armed robbers while one of the robbers escaped. The next day, the Respondent, who was in Safana Town for the purpose of meeting with his business partner, was accosted by the villagers. They accused him of being one of the robbers, arrested him and took him to the Police Station. The Respondent was consequently charged before the trial court for the offences of criminal conspiracy and armed robbery punishable under Section 6(b) and 1(2) (b) of the Robbery and Firearms Act, Cap. R 11, Laws of the Federation of Nigeria, 2004.
At the trial, 8 witnesses testified for the Prosecution and fourteen exhibits were tendered by the Prosecution witnesses. The Respondent raised an objection to the voluntaries of the confessional statements sought to be tendered by the Appellant, leading to the conduct of trial-within-trial. The trial court however, ruled against the Respondent and admitted the statements (Exhibit 13A & B). The Respondent testified as the sole witness in his defence, but he did not tender exhibit. In its judgement, the trial court held that the ingredients of the offence of conspiracy and armed robbery against the Respondent were fully proved beyond reasonable doubt as required by law. The Respondent was thereby sentenced to death by hanging.
