AHMADU GARBA V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant vide his Notice of Appeal filed on 6/5/2014 challenging the judgment of D.B. Sambo J. of Sokoto High Court on 5 grounds.

The grounds of appeal (shorn of the particulars are set out hereunder)

Ground one

The decision of the Court below is unreasonable, unwanted and cannot be supported having regard to the evidence adduced at the trial.

Ground two

The Court below erred in law and occasioned a miscarriage of justice on the Appellant when in convicting and sentence the appellant to death for the offence contrary to Section 221 (b) of the penal code, it failed and/or neglected to consider the case or evidence against the appellant separately from that of Abu Damo with whom the appellant was being tried jointly.

Ground three

The Court below erred in law when in convicting and sentencing the appellant to death for the offence contrary to Section 221(b) of the penal co…