CASE TITLE: ABUBAKAR v. STATE (2026) LPELR-83759(CA)
JUDGMENT DATE: 28TH APRIL, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: TUNDE OYEBANJI AWOTOYE, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This appeal emanated from the judgment of the High Court of Sokoto state herein referred to as the trial Court.
The Appellant was arraigned for an offence of an attempt to commit robbery contrary to Section 2(1)(2) of the Robbery and Firearms (Special Provision) Act Cap RII, LFN 2024.
Hearing later commenced after which the Learned trial Judge entered judgment convicting the accused for the offence of attempt to commit armed robbery punishable under Section 2(1) 8(2)(a) & (b) of the Robbery and Firearms (Special Provisions) Act Laws of the Federation, 2004.
A plea of allocutus was also entered in favour of the Appellant and in the circumstance, the accused was sentenced as provided by the Law to Life Imprisonment because he used dangerous or offensive weapons against the victim.
The accused, being dissatisfied with the above judgment, filed a Notice of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the following issues for determination:
1. Whether the trial court was right in relying on exhibits a, a1, b and b1 to convict the appellant.
2. Whether there is enough evidence on record to convict the appellant.
3. Whether the trial court was right by not ruling on the issues submitted for determination by appellant and the respondent.
4. Whether the trial court had jurisdiction in view of its failure to take the plea of the appellant.
DECISION/HELD:
The appeal was allowed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- ARRAIGNMENT/TAKING OF PLEA: Effect of not taking the plea of an accused person
- CRIMINAL LAW AND PROCEDURE- ARRAIGNMENT/TAKING OF PLEA: Importance of arraignment and taking of the plea of an accused in a criminal trial; effect of non-compliance with the requirements of a valid arraignment
- EVIDENCE- CONFESSIONAL STATEMENT: Effect of failure to comply with the Administration of Criminal Justice Law in the process of taking the confessional statement of an accused person
- PRACTICE AND PROCEDURE- ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE: When is an appeal or a suit academic; attitude of Court to academic/hypothetical issues or question
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