MOHAMMED BABA IDRIS, JSC (Delivering the Leading Judgment): This is an appeal arising from the judgment of the Court of Appeal, Yola Judicial Division delivered CORAM Honourable Justice Jamilu Yammama Tukur, JCA, Honourable Justice Chidi Nwaoma, JCA and Honourable Justice Bitrus Gyarazama Sanga, JCA on 30th of March, 2021 wherein the court below held that the entire trial at the trial court was a nullity because it was conducted in the absence of the 9th accused person and consequently remitted the matter back to the Chief Judge of Adamawa State for re-assignment to another judge of the trial court for fresh trial.
The Respondent (as 5th Accused person) alongside with 7 others, were arraigned before the High Court of Yola State on a nine-count charge bordering on armed robbery and illegal possession of firearms. (See pages 5 - 11 of the Record of Appeal). The Respondent pleaded not guilty to the charge and the Appellant opened its case against him and called some witnesses.
PW1 testifie…