IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Lead Judgment): The instant appeal is against the judgment of the Court of Appeal, Kaduna Judicial Division, delivered on November 4, 2016, in Appeal No. CM/K/2go/24LZ4, By the said judgment, the Court below allowed the Respondent’s appeal, set aside the conviction and sentence, acquitted and discharged the Respondent of the one count charge of armed robbery.
BACKGROUND FACTS
On November 20, 2016, the Respondent was arraigned along with five other accused persons before the Katsina State High Court of Justice holden at Katsina, upon a one Court charge of robbery:
THE CHARGE
That you (1) Mohammed Tukur Sani (2) Hussaini Ibrahim (3) Mohammed Abdullahi (4) All Sa'idu (5) Yusuf Usman (6) Ibrahim Yahaya on or about the 22nd day of February, 2001 at about 023hrs at Sabuwar Kasa Village in Kafur Local Government Area of Katsina State committed robbery by doing act to wit: attacked Alh. Ummaru Masanawa (The Village Head of Sabuwar Kasa) with a…