Federal Republic Of Nigeria Vs. Mohammed Usman Alias Yaro Yaro & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The respondents were charged and arraigned on two counts before an Abuja High Court which read:

Count 1.

That you Mohammed Usman ‘M’ alias Yaro Yaro, Umaru Ibrahim ‘M’ alias Yellow Kukuru and Mohammed Ahidjo alias Bokolo on or before the 12th day of March, 2005 at the Abattoir in Abuja within the Abuja Judicial Division conspired with others at large to commit armed robbery and thereby committed an offence contrary to section 5(b) and punishable under section 1(2)(b) of the Robbery and Firearms (special provisions) Act cap 398 Laws of the Federation 1990.

Count 2.

That you Mohammed Usman ‘M’ alias Yaro Yaro, Umaru Ibrahim ‘M’ alias yellow Kukuru and Mohammed Ahidjo alias Bokolo on 12th day of March, 2005 between 7pm and 7.30 pm mounted robbery operation along Mokwa/Ezhi Road in Niger state and killed one Sgt Makama Yakubu, a Police escort attached to Mr. Justice Mustapha Akanbi, Chairman Independent corrupt Practices Commission (ICPC) and thereby committed an offence punishable under section 1(2)b) of the robbery and firearms (special provisions) Act Cap 398 Laws of the Federation 1990.

The appellants entered not guilty pleas. Four witnesses testified for the prosecution. They were all Policemen. Four statements were admitted in evidence as exhibits. They are statements of the respondents, and statements of PW3 and PW4. The respondents witness. At the conclusion of trial the learned trial judge in a judgment delivered on 22/10/99 said: “On the whole and totality of the evidence as adduced by the prosecution and argument canvassed on both sides as well as exhibits before the court, it is my well considered judgment that the prosecution has proved beyond reasonable doubt the two count charge against each of the two accused persons who, I hereby found guilty and accordingly convict as charged.”

The learned trial judge proceeded to sentence both respondents to death by hanging. The Court of Appeal reasoned differently. It allowed the appeals filed by the respondents, set aside the judgment of the trial court, and ordered each respondent acquitted and discharged.

This appeal is against that judgment. In accordance with rules of this court briefs were duly filed and exchanged. The appellants brief was filed on the 5th of December, 2011. The first and second respondents briefs were filed on 19th of December, 2011 and 21st of December, 2011 respectively.

Learned counsel for the appellant formulated a single issue from his Notice of Appeal filed on the 5th of December, 2011. It reads:

Whether from the circumstances of this appeal the failure to call the interpreter of the statement of the accused persons (Now respondents in this appeal) at the trial, from Hausa to English and vice versa by the appellant rendered the statements inadmissible and as such fatal to the case of the appellant.

Learned counsel for the 1st respondent also formulated a lone issue.

Whether the lower court was right in discharging and acquitting the 1st respondent on the ground of lack of credible and admissible evidence to support his conviction.

A lone issue was also formulated by learned counsel for the 2nd respondent. It reads: