Audu Mala Yerima & Ors. V. The State (2009)

LawGlobal-Hub Lead Judgment Report

UZO NDUKWE-ANYANWU, J.C.A.

The three Appellants were charged with one Mohammed Tukur now deceased and others at large with a two count charge of conspiracy under Section 97 and Culpable Homicide under Section 221 of the Penal Code.

The brief facts of the case are as follows:

On 19th May, 2003, the 1st Appellant Audu Mala Yerima returned to his home and discovered that his electronic gadgets were missing. He went to the house of the 3rd Appellant Sheriff Ismail where he met the 2nd Appellant Mohammed Ngabura. He then told them that his electronics have been stolen. He also contacted the deceased. All of them went back to his house. The 2nd Appellant then advised that the 1st Appellant should go and report to the Police.

On the way to the police Station he met the 4th accused person now deceased who advised him on the contrary. They then decided to seek the assistance of two air force men on guard. The two air force men then accompanied the 1st Appellant to his house where the deceased, 2nd and 3rd Appellants were waiting. 1st Appellant pointed at the deceased as his main suspect.

The air force men ordered all of them out and put the deceased in the boot of the 1st Appellant’s car. They all went to the duty post of the air force men. There the air force men thoroughly beat the deceased and he confessed keeping the electronics in his family house. They found nothing in his family house, when they went there and searched.

They all left and dropped one of the air force men on the way. The 1st Appellant asked the other air force man to keep the deceased in their cell. He was informed they had no cell but he could keep the deceased in an open space until the next day. The Appellants came back the next day but did not see the deceased nor the air force men.

Later a corpse was found by villagers. With the permission of the G.R.A. Police, it was buried on 21st May, 2003, the Appellants were arrested by the Police in Maiduguri and later transferred to State CID. They were subsequently arraigned on a two count charge thus:

“COUNT I

That you Audu Mala Yerima, Mohammed Ngabura, Sherrif Ismail, Mohammed Tukur Ahmed and others now at large on or about the 19th day of May, 2003 at Polo Jiddari Ward which is within the jurisdiction of this court agreed among yourselves to do an illegal act to wit “thoroughly beaten one Abubakar Audu Waya to death” and you thereby committed an offence punishable under Section 97 of Penal Code Law.

COUNT II

That you Audu Mala Yerima, Mohammed Ngabura, Sheriff Ismail, Mohammed Tukur Ahmed and others now at large on or about the 19th of May, 2003, at Jiddari Polo Ward which is within the jurisdiction of this court, committed Culpable Homicide punishable with death in that you caused the death of one Abubakar Audu Waya by thoroughly beating him to death and later threw away his dead body at the outskirts of Jiddari Polo Ward, with the knowledge that death was the probable consequence of your act and you thereby committed an offence punishable under Section 221 of the Penal Code Law.”

The pleas of the three Appellants were taken and the trial proceeded. A total of 13 witnesses were called and exhibits tendered. At the end of trial, the three Appellants were found guilty of the offences charged and sentenced to death.

Being dissatisfied, the Appellants filed their separate notices and grounds of appeal.