Haruna Alhaji Galadima V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Kaduna division of the Court of Appeal delivered on the 8th day of February, 2013 – Coram: Dalhatu Adamu, Habeeb A. Abiru, Ita G. Mbaba, JJCA.

The appellant and two others were arraigned before the Jigawa State High Court, Kazaure Judicial Division, Coram: Tahir, J. for the offence of culpable homicide punishable with death, contrary to Section 221(b) and Section 246 of the Penal Code Law.

The three persons were:

(i) Sambo Alhaji Galadima

(ii) Haruna Alhaji Galadima

(iii) Shabe Alhaji Galadima

The three accused persons were charged with the following count:

Count 1

That on or about the 1st day of June, 1996 at Kadagawa village of Babura Local Government Authority of Jigawa State within Jigawa Judicial Division you had formed a common intention to commit culpable homicide by doing an illegal act to wit by attacking and beating one Safiya Nomau with knowledge that death could be the probable consequence of your act and you thereby committed an offence punishable under Section 221 (b) of the Penal

1

Code and Section 79 of the same law.

The prosecution called five witnesses in order to prove its case, while the three accused persons testified in their defence respectively, but did not call any other witness.

Upon conclusion of the testimonies, both the counsel prosecuting and the defence counsel addressed the Court. In its considered judgment, the trial Court found the three accused persons guilty of the offence of culpable homicide punishable with death as charged and each was accordingly sentenced to death as required by the appropriate law.