Ibrahim Habibu V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the Kano State High Court in suit No. K/181/C/2010 delivered by Hon. Justice Wada Abubakar Omar on the 31st July, 2012 wherein the Appellant was convicted of the offences of criminal conspiracy and culpable homicide punishable with death and sentenced to death by hanging.

The Appellant as the 2nd accused was charged along with his uncle, Ado Haladu, and his father, Habibu Haladu, in 3 heads of charge for the offences of criminal conspiracy, culpable homicide punishable with death and abetment of culpable homicide punishable with death contrary to Sections 97, 221 (b) and 85 of the Penal Code of Kano State (cap 105) 1991 Laws of Kano State of Nigeria.

The charge against the Appellant was for criminal conspiracy and culpable homicide punishable with death. He was accused of conspiring with his uncle, Ado Haladu who was the 1st accused and the Appellant in Appeal No. CA/K/202/C/2014 to kill and for causing the death of one Haladu Adamu aged 85 years, who was the biological father of Ado Haladu and the paternal grandfather of the

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Appellant.

The 3rd accused in the charge was Habibu Haladu (brother to Ado Haladu), and the Appellant’s father, who is also the Appellant in Appeal No. CA/K/203/C/2014. The said 3rd accused (Habibu Haladu) was charged under Sections 85 and 221 (b) of the Penal Code for abetment of the commission of culpable homicide punishable with death by praying for the Ado Haladu and the Appellant to succeed in killing his father.

The Appellant pleaded not guilty, and the prosecution called 6 (six) witnesses and tendered some exhibits. The Appellant testified in his defence but called no other witness.

The prosecution’s case against the Appellant was that the deceased, (Haladu Adamu), bought two bulls which he put under the care of Ado Haladu to be using for farming during the farming season. After sometimes, Ado Haladu sold the bulls and gave N3,000 and N1,000 from the proceeds of the sale to the Appellant and Habibu respectively, and then told his father that they were stolen. The deceased initially left the matter to God. However, upon information that the bulls were not stolen but were sold by Ado, the deceased threatened to use charm to kill the thief

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of the bulls. Ado was frightened and confessed to PW2, Sani Musa, that he was responsible for the missing of the bulls and pleaded with PW2 to accompany him to his father (the deceased) to plead with him. PW2 accompanied Ado to the deceased, pleaded with him not to use the charm (Juju) to kill him. The deceased agreed but asked for the refund of the transport fare of the medicine man which he obliged to waive on the request of PW2. Ado was to sell his house to refund the money to his father in two weeks.

However, before the two weeks, Ado Haladu decided to eliminate his father and expressed his desire to his brother, Habibu Haladu, who supported the idea if it would be secretly done and not exposed. He directed his son, the Appellant (Ibrahim Haladu) to go with Ado Haladu to execute the Plan.

?Both Ado Haladu and the Appellant, (Ibrahim Habibu) went to the house of the deceased. While the Appellant covered the mouth of the deceased, Ado Haladu held and pressed his throat and strangled the deceased who was only able to shout once to the hearing of PW3 before he became unconscious. Before the arrival of the PW3 to the scene, the Appellant and Ado had

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