EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of appeal delivered on 10-5-2021 in Appeal No. CA/KN/619D/C/2020 allowing the appeal to it against the judgment of the High Court of Jigawa State in Criminal Case No. JDU/11C/2003 that convicted and sentenced to death the respondent and other persons for conspiracy to commit armed robbery and commission of armed robbery contrary to Ss 1(2)(b) and 5(b) of the Robbery and Firearms (Special Provisions Act, LFN 1990. The judgment of the Court of Appeal set aside the entire proceedings and judgment of the trial Court and ordered that the application for leave to prefer the said charge against the respondent be referred to another Judge of the High Court of Jigawa State for “due determination prior to trial of the appellant.”
The parties herein have filed, exchanged and adopted their respective briefs as follows - appellant’s brief, respondent’s brief and appellant’s reply brief…