Umaru Gwandu V. N.A Gwandu (1962)

LawGlobal-Hub Lead Judgment Report

BAIRAMIAN JSC

Umaru Gwandu was tried before the Emir of Gwandu’s Court on the prosecutor’s statement that he had killed a woman by the name of Rabi. There is no dispute that he threw a mortar at her head as she lay asleep during the night; she was found groaning and senseless, with blood coming out of her ears, nose, and mouth. The appellant told one Yari that he had “used a mortar and killed her and that she did not even move.” In fact, she did not die until many hours later. He did not dispute the evidence given at the trial, and he agreed that he had killed Rabi. A mortar was brought to the Court of trial; he agreed it was the one he had used.

The judgment was –

Umaru, this Court sentence you to death as you did kill Rabi.

He appealed to the High Court, and counsel represented him at the hearing. There is this note by the Court:-

Real question is whether this culpable homicide punishable with death or not punishable with death. Cannot decide without seeing mortar and considering size and weight. But mortar not exhibited to us. Therefore we order that hearing be adjourned to next sessions at Kano and call for mortar.

The notes at the adjourned hearing are important:-

”Nzekwu

Appellant says he does not recognise mortar.

“Ardo

Have policeman who can identify.

“Mamman Nassarawa, P.C. 51, Gwandu N.A. Police says in answer to court.

I was present when appellant was tried by Emir of Gwandu. A mortar was produced at trial. I have brought a mortar here from Gwandu. Chief of Gwandu N.A. Police gave it to me to bring. I recognise it as mortar produced at trial.

“Nzekwu