Abdullahi Yusuf V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Justice, Katsina State delivered on the 12th day of May, 2014, by I. B Ahmed J.

Whereby the Appellant and two other accused persons were convicted and sentence to death for the offence of culpable homicide punishable with death.

The lone head of charge against the Appellant and two other accused persons upon which they were convicted and sentence is adumbrated as follows;

THE CHARGED:

“That you (1) ABDULLAHI ALIYU (2) ABDULMUMINI BALA and (3) ABDULLAHI YUSUF all of Shamushalle village, via Birnin Magaji, Zamfara State, on or about the 22nd day of September, 2011 at about 001 hours while in company of others now at large, at Rugu forest, Safana Local Government Area of Katsina State, committed culpable homicide punishable with death in that you caused the death of Alh. Garba bello by doing an act to wit: Jointly beating and cutting him on the head and all over his body with sticks and axe, causing him injuries leading to his death, an act which you did with the knowledge that

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death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code.”

To prove its case against the accused persons the prosecution called 7 witnesses and tendered the confessional statements of the accused persons. The Appellant testified in his defence.

In convicting the Appellant, the trial Court in its judgment held, inter alia as follows;

“…With these pieces of evidence here fore I am left in no doubt that the prosecution has established a prima facie case against the accused persons for the offence of culpable homicide punishable with death under Section 221 of the penal code. The accused persons have equally no defence to the act hey collectively committed.

Form the analysis of the testimony of all the prosecution witnesses, his Court is left in no doubt that the ingredients of the offence of culpable homicide punishable with death have been fully proved beyond reasonable doubt against all the three accused persons who have equally no defence to their action and have failed to avail themselves to any of the mitigating circumstances provided under Section 222 of the penal

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code. I accordingly find them guilty as charged and convict them of the offence under Section 221 of the Penal Code.”