Adamu Yakubu V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A.(Delivering the Leading Judgment)

The appeal herein is against the Judgment of the Taraba State High Court of Justice, sitting at Jalingo delivered on 18th October, 2013 in Suit No. TRSJ/12C/2009, wherein the Appellant was found guilty for the offence of culpable homicide and sentenced to death by hanging under Section 221(a) of the Penal Code Law.

By way of synopsis, the facts giving rise to this appeal can be packaged as follows: By an information dated 15th June, 2009 the Appellant was arraigned on a two counts charge for the offence of culpable homicide punishable with death contrary to Section 221(a) of the Penal Code Law and illegal possession of firearms contrary to Section 3(1) of the Robbery and Firearms (special provisions) Act, 1990. The said charges are as follows:-

“STATEMENT OF OFFENCE

COUNT 1: Culpable homicide punishable with death under section 221(a) of the Penal Code.

PARTICULARS OF OFFENCE

That you Adamu Yakubu on or about the 14th day of May, 2008 at a Forest on the road to Fali village in Donga Local Government Area of Taraba State within the Takum Judicial Division committed culpable homicide punishable with death to wit: you shot one Yusufu Yakubu your elder brother with a single barrel gun on the Head and the back with the intention of causing his death and he died.

STATEMENT OF OFFENCE

COUNT 11: illegal possession of firearms contrary to section 3(1) of the Robbery and Firearms Special Provisions Act, 1990.

PARTICULARS OF OFFENCE

That you Adamu Yakubu and Umaru Wakili on or about the 14th day of May, 2008 at a thick forest on the road to Fali village within Takum Judicial Division committed an offence to wit: You were severally found in possession of one locally made single barrel dane gun and one locally made single barrel gun without licence.

Dated this 15th day of June, 2009”

On the 7th March, 2012 when trial commenced, the Appellant pleaded not guilty to both counts. The prosecution called a single witness (PW1), one Haruna Abdullahi an investigating Police Officer with the Nigeria Police Baissa Division in support of its case. The prosecution tendered exhibits A, A1 and B through PW1 during his evidence in chief, while exhibit C was tendered by the defence through PW1 under cross examination.

Exhibit A and A1 are photographs of the deceased, while Exhibit B is the alleged confessional statement of the accused. Exhibit C is the extra Judicial statement of PW1 made as an investigating Police Officer in the case. The Appellant testified as DW1 being the sole witness for the defence and denied ever making any statement to the Police that he committed the offence of culpable homicide, he also denied having a brother called Yusufu Yakubu, the alleged deceased person.