Samaila Umaru V. The State (2008)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This is an Appeal against the decision of Idris M. J. Evuli J. of the Niger State High Court of Justice, Kontagora delivered on 26/6/2004. The Appellant and two other accused persons were arraigned before the High Court on a three-count charge of Conspiracy, Robbery and Culpable Homicide.

The Appellant and his other co-accused persons were found guilty, convicted and sentenced to various terms of punishment. The Appellant was sentenced to 5 years imprisonment on the 1st court, 10 years imprisonment on the 2nd count and 15 years on the 3rd count and the sentences were to run concurrently.

It is against this conviction and sentence that the Appellant appealed to this Court.

The Appellant’s brief dated 31/1/2006 was filed on 31/1/2006 while the Respondent’s brief of argument dated 15/6/2006 was deemed filed on 19/6/2006.

After parties have exchanged their briefs of argument, the Appellant filed reply brief dated 27/6/2006 but filed on 30/6/2006.

The Appellant formulated five issues for the determination of this Appeal, thus:

“1. Whether the erroneous conclusion of the Hon. Judge that the Appellant never denied the committal of all the 3 counts charge made against him, did not occasion a miscarriage of justice.

2. Whether the offence of culpable homicide was proved against the Appellant.

3. Whether the Hon. Trial court was right to have relied on or considered the purported conclusion or the plea of guilt in convicting the Appellant.

4. Whether in the circumstances of this case the Appellant could be said to have had a fair hearing.

5. Whether having regard to the totality of evidence before the court, the Hon. Trial Court was right to have returned verdict of guilt against the Appellant on the three counts.”

The Respondent on its part distilled four issues for determination in this Appeal:

“1. Whether the evidence adduced at the trial court is sufficient to justify the conviction and sentence of the Appellant.