Yakubu Ali V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The appellant was one of the five accused persons who were arraigned before the Kogi State High Court holden at Egbe in amended Charge No HCL/18C/2002 for conspiracy, culpable homicide and armed robbery contrary to Sections 97, 221 (a) and 298(b) respectively of the Penal Code. The charge against the accused persons was preferred with leave under Section 185 (b) CPC. The appellant was the 4th accused while the 1st, 2nd, 3rd and 5th accused were Sgt. Monday Yakubu, Rasak Olanrewaju, Akeem Abiodun and Rasheed Ayinde respectively. The amended 3 count charge read as follows:-

FIRST HEAD OF CHARGE

That you, Sgt. Monday Yakubu, Rasak Olanrewaju, Akeem Abiodun, Yakubu Ali and Rasheed Ayinde on or about the 6th day of May 2001 at Egbe in Yagba West Local Government Area within the Kogi State Judicial Division committed the offence of criminal conspiracy by doing an act to wit:- You agreed to commit armed robbery in the premises of Ise Oluwa sawmill belonging to Mr. Ojo Adedeji in Egbe Town and in furtherance of the agreement you killed

1

Mohammed Shaibu, a security guard of the aforesaid Sawmill and removed a sawing machine valued N25,000.00 belonging to the aforesaid Ojo Adedeji, and that you thereby committed an offence punishable under Section 97 of the Penal Code.

SECOND HEAD OF CHARGE

That you, Sgt. Monday, Rasak Olanrewaju, Akeem Abiodun, Yakubu Ali and Rasheed Ayinde, on or about the 6th day of May, 2001 at Egbe in Yagba West Local Government Area within the Kogi State Judicial Division did commit culpable homicide punishable with death in that you caused the death of Mohammed Shaibu, a security guard with Ise-Oluwa Sawmill, Egbe, by doing an act to wit; You hit the said Mohammed Shaibu on the head with the knowledge that his death would be the probable consequence of your act, and you thereby committed an offence punishable under Section 221 of the Penal Code.

THIRD HEAD OF CHARGE

That you, Sgt. Monday Yakubu, Rasak Olanrewaju, Akeem Abiodun, Yakubu Ali and Rasheed Ayinde at Egbe in Yegba West Local Government within the Kogi State Judicial Division committed armed robbery, by doing an act to wit: while being armed with guns and other dangerous weapons,

2

you robbed the premises of Ise-Oluwa Sawmill, Egbe, of one sawing machine valued N25,000.00 belonging to one Ojo Adedeji and you thereby committed an offence punishable under Section 298 (b) of the Penal Code.

Nine witnesses testified for the State and tendered several exhibits. A trial within trial was conducted to determine whether the accuseds statements were voluntarily made. The accused also testified in the trial within trial. The trial Judge delivered his judgment on 11 May 2005. He found all the accused guilty of criminal conspiracy and sentenced each of them to 10 years imprisonment. The 2nd, 3rd, 4th and 5th were found guilty of culpable homicide and sentenced to death. In addition they were found guilty of armed robbery and were given life imprisonment. The sentences are to run concurrently. The appeal to the Court of Appeal was dismissed and the present appeal is against that judgment delivered on 26 November, 2013.

The appellant filed an amended appellant’s brief while the respondent amended its brief. The amended briefs of argument were all deemed filed on 24 January, 2019 the date oral arguments were taken in the appeal.