OMOLEYE JCA (DELIVERING THE LEADING JUDGMENT): The appellant herein and five others were arraigned before the High Court of Niger State holden in Minna, charged with armed robbery contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree, 1984. The particulars of the offence for which the appellant and the five others were charged are that, on or about 6 April 1996, in Suleja, the appellant and five others allegedly robbed one Alhaji Zakari Mohammed of his sharp video, while armed with a knife and sticks thereby resulting in the death of Alhaji Zakari Mohammed.
The extra-judicial confessional statement of the appellant was tendered and relied upon by the prosecution, although, the appellant retracted the statement at trial. The appellant was convicted and sentenced to death by hanging based “inter alia”; on his confessional statement. It is against the judgment, conviction and sentence aforesaid that the appellant, Aminu Tanko has brought…