BA'ABA JCA (Delivering the Lead Judgment): The appellant, Abubakar Mohammed also known as Dattijo, was arraigned before Abdulmumini J. in the High Court of Katsina State, sitting at Katsina Judicial Division for armed robbery under section 1(2)(a) and (b) of the Robberyand Firearms Act, Cap. 398, Laws of the Federation, 1990. He was jointly charged along with two others. After all the evidence the appellant and the two others, to wit, Hari Usman and Sabi’u Abdullahi, were found guilty and convicted whereby they were sentenced to a term of 21 years imprisonment.
The learned trial Judge at page 35 of the record, held,
“Accordingly I hereby convict the accused persons with the offence of robbery only. The punishment for robbery is specified under section 1(1) of the Robbery and Firearms
(Special Provisions) Act, Chapter 398 of the Laws of the Federation of Nigeria, 1990.”
The charge against the appellant and the two others charged along with the appellant reads:
“That you (1) Hari Usman (2)…