Sani v. State (2022)

LAWGLOBAL HUB Lead Judgment Report

COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A.(Delivering the Lead Judgment): 

The Appellant who was the 5th Accused Person faced trial alongside 5 other Accused Persons before the High Court of Niger State for the offences of culpable homicide punishable with death, conspiracy and theft contrary to Sections 221, 97 and 288 of the Penal Code, Cap 89, Laws of Northern Nigeria, respectively.

The Amended Charge against the Accused Persons reads;
“1. That you Goni Tijani, Abdulkadir Muktari, Bashir Alhassan, Samaila Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at tungan maje via suleja LGA within the jurisdiction of this honourable Court caused the death of one Mustapha Goni Umar Bamanga by putting a rope on his neck and gripping it until he was dead you thereby committed the offence of culpable homicide punishable under Section 221 of the Penal Code to be read with Section 79 of the Penal Code Law.

2. That you Goni Tijani, Abdulkadir Muktari, Bashir Alhassan, Samaila Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at tungan maje via suleja LGA within the jurisdiction of this honourable Court conspire to cause the death of one Mustapha Goni Umar Bamanga and thereby committed the offence of conspiracy punishable under Section 97 of the Penal Code Law Cap 89 laws of Northern Nigeria.

3. That you Goni Tijani, Abdulkadir Muktari, Bashir Alhassan, Samaila Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at tungan maje via suleja LGA within the jurisdiction of this honourable Court stole a truck filled with fuel thereby committed the offence of theft punishable under Section 288 of the Penal Code Law Cap 38 laws of Northern Nigeria.” (See page 51 of the Records).

The brief facts of the case leading to this appeal are that;
“The 6 Accused Persons were arrested at a village called Gada Biu along Gwagwalada Lokoja road while they were about to sell petroleum products inside a truck which was allegedly stolen at Tungan Maje NNPC Deport, Suleja. The truck was in custody of one Mustapha Goni Bamanga, a night before their arrest.

The body of the said Bamanga was found in the morning where the vehicle was parked by him and the vehicle was taken away. The said truck was later found in possession of the Accused Persons with the petroleum products which they were about to sell and they were promptly arrested by the Police.” (See pages 266-267 of the Records).

At the trial, the Prosecution now Respondent called four (4) Witnesses who were the Police Officers that investigated the case and tendered Exhibits A – L. On 19/11/2020 when the matter came up for continuation of hearing, the Prosecution sought to tender as Exhibit, the statement of the Appellant but the 1st and 3rd Accused Person’s Counsel objected to the admissibility of the said statement on the ground that it was not obtained voluntarily.

At the trial within trial, the Appellant changed his mind and also objected to the admissibility of his confessional statement. The lower Court then conducted a trial within trial and on 08/02/2021, overruled the objection while admitting the statements of the Appellant, 1st and 3rd Accused Persons into evidence. (See pages 198,199 and 211 of the Records). The Accused Persons testified for themselves and did not call any other witnesses nor did they tender any Exhibits.

​At the close of trial, the Parties filed and adopted their various Written Addresses. In its judgment, the lower Court Coram Mohammed S. A. Mohammed (J.) delivered on 20/10/2021 found the Accused Persons guilty, convicted them and sentenced them to death by hanging and five years’ imprisonment to run concurrently.

The 5th Accused Person at the lower Court shall simply be referred to as the Appellant in this appeal while the Prosecution at the lower Court shall simply be referred to as the Respondent.

Dissatisfied with the decision of the lower Court, the Appellant filed a Notice of Appeal of nine (9) Grounds on 04/11/2021. The Record of Appeal was transmitted to this Court on 30/12/2021.

This appeal came up for hearing on 13/09/2022 wherein the Appellant and the Respondent adopted their various Briefs of Argument. The Appellant’s Brief of Argument dated 07/02/2022 was filed on the same date while the Respondent’s Brief of Argument dated 08/03/2022 was filed on the same date. The Appellant’s Reply Brief dated 18/03/2022 was filed on 17/03/2022.