Jafaru Yusuf v. Kano State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering leading judgment)

This is an appeal against the judgment of the Court of Appeal, Kaduna Division Coram: Dalhatu Adamu, I.G. Mbaba, Habeeb A. Abiru, JJCA; which affirmed the conviction and sentence of the appellant by the Kano State High Court delivered by Hon. Justice Dije Aboki on the 27/7/2010 for the three heads of charge of conspiracy, robbery and culpable homicide contrary to section 97 , 298 (C) & 221 (b) respectively of the penal code.

The appellant was sentenced to various prison terms and death by hanging. The undisputed facts which led to this appeal are as follows:

PW1 swore that on 9/10/2007, he found his son, Abdullahi Adamu, in a pool of blood. PW1 also testified that the killers were thieves who tried to steal his fowls and that his son called out to him for help at the time of the incident.

He did not see anyone when he rushed to rescue his son who had been literarily slaughtered. However, a rubber shoe, a face cap, stick, trap and a blood stained knife were recovered at the scene of the incident.

The homicide was committed in a small community. A search party followed the footprints of the assailants to the house of the 1st defendant at trial. In the course of investigation, PW3 and PW4 identified the shoes, cap and a stick as that of Sale Ado and the trap as belonging to Jafaru Yusuf the appellant herein.

There was evidence that the foot tracks were traced to the house of Sale Ado who was not found at home. The two suspects Sale Ado (alias Dangajere) and Jafaru Yusuf (present appellant) were later arraigned for the offence of conspiracy, robbery and culpable homicide punishable with death.

The prosecution called 7 (seven) witnesses while the appellant testified in his own defence. It was a joint criminal trial of the appellant and one Sale Ado over the same offences. They were both convicted by the trial court. The said Sale Ado is also an appellant in this court.

In the course of the trial, the prosecution tendered the stick in evidence which were admitted and marked as exhibit A. The prosecution also tendered a face cap, a trap and sandals. These three pieces of evidence were also admitted and marked as exhibits A1-A3. The Coroner’s form and pathologist report were tendered and admitted in evidence as exhibit B and B1 respectively. Three pictures of the deceased were tendered in evidence and marked as exhibits C1-C3. Photographs of guinea fowls were admitted in evidence as exhibit D.

On 27th July, 2010 the trial court delivered its reserved judgment, wherein the appellants were found guilty and convicted for the three heads of charge namely conspiracy contrary to section 97 of the Penal Code, robbery contrary to section 298(c) of the Penal Code and culpable homicide contrary to section 221 of the penal code.

The appellants were sentenced to various prison terms for conspiracy and robbery. Each of the two appellants was sentenced to death by hanging for the offence of culpable homicide punishable with death.

The appellant appealed and on 14th March, 2013, the Court of Appeal delivered a unanimous decision whereby the appeal was dismissed and the judgment of the trial court was affirmed. The conviction and sentence or death was upheld.

On 18th March 2013, the appellant appealed to the Supreme Court against the judgment of the Court of Appeal.

Learned appellant’s counsel in the amended brief settled by Lateef Omoyemi Akangbe identified 2 issues for determination as follows: