HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina State High Court in Charge No KHT/DM/15C/2004 delivered by Honorable Justice A. A. Abukur on the 16th of June, 2009. The Appellant was charged with attempted armed robbery contrary to the provisions of Section 2 (1) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of the Federation 1990. The Appellant was alleged to have broken into house of one Hauwa Musa on the 27th of July, 2002 in Gachi in Kankia Local Govemment Area of Katsina State while armed with a stick in an attempt to rob her of her money and in the process to have beaten her up.
The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial and in the course of which the Respondent called one witness and the Appellant testified as the sole witness in his defence. At the conclusion of trial and after the final addresses of Counsel, the Lower Court found the Appellant…