ZAHARADEEN MOHAMMED V. THE STATE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The appellant was charged before the Kebbi State High Court with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990 (as amended). The charge against him reads thus;

"That you Zaharadeen Mohammed (m) on or about the 18th day of April, 2011 at a bush between Kawara and Kardi villages of Birnin Kebbi Local Government Area within the jurisdiction of this Honourable Court committed the offence of armed robbery in that, you robbed one Haruna Suleiman of his motorcycle, Hajue Suzuki AX - 100, while conveying you as a passenger, you stopped him and stabbed him on the left side ribs with a knife and carted away his motorcycle, and thereby committed an offence contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended)."

Let me quickly go to the facts of the case. The victim of the alleged armed robbery, a commercial motorcyclist …