Alh. Bello Usman & Anor V. The State (2005)

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BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the Katsina State High Court, sitting at Katsina State Judicial Division, Katsina, delivered on the 29th day of October, 2003, by the learned, trial Chief Judge who found the appellants guilty on the three counts charge and sentenced them to various terms of imprisonment. The 1st and 2nd appellants were the 1st and 2nd accused persons arraigned before the Katsina State High Court, Katsina, on a three counts charge as follows:

“Count One:

THAT YOU (1) Alhaji Bello Usman Buwai and (2) Sulaiman Yusuf on or about the 29th day of December, 2000, near Kofar Yandaka in Katsina within the Jurisdiction of this Honourable Court committed culpable homicide not punishable with death by doing an act to wit: causing the death of

(1) Musa Sale,

(2) Salisu Usman

(3) Ibrahim Amadu

(4) Muhammed Mustapha; and

(5) Aminu Ali all of Katsina by unlawfully and recklessly dealing in, mishandling and discharging petroleum product in a place and in a manner which was dangerous to public safety and thereby caused fire outbreak by means of petroleum explosion; with the knowledge that death was the likely consequence of your act, and thereby committed an offence punishable under Section 224 of the Penal Code.

Count Two:

THAT YOU (1) Alhaji Bello Usman Buwai, and (2) Sulaiman Yusuf, on or about the 29th day of December, 2000, near Kofar Yandaka in Katsina, within the jurisdiction of this Honourable Court, committed the offence of causing grievous hurt by dangerous means, by doing an act to wit recklessly discharging/offloading petroleum product in a place, and in a manner which was dangerous to public safety, which thereby led to a fire disaster and thus, causing grievous hurt on the persons named in the appendix to this charge; and thereby, committed an offence punishable under Section 248 of the Penal Code.

Count Three:

THAT YOU (1) Alhaji Bello Usman Buwai, and (2) Sulaiman Yusuf, on or about the 29th day of December, 2000, near Kofar Yandaka in Katsina, within the Jurisdiction of this Honourable Court committed the offence of causing mischief by fire, on a mosque by doing an act to wit; recklessly discharging petroleum product in a place and, in a manner which was dangerous to public safety and by your act caused fire outbreak by means of petroleum explosion leading to the destruction of a mosque; and thereby committed an offence punishable under Section 337 of the Penal Code.”

The facts of the case leading to the arraignment, conviction and sentence of the appellants are as follows: The 1st appellant, Alh. Bello Usman Buwai, was a businessman, who was trading in petroleum products, while the second appellant, Sule Yusuf was a driver with the Nigerian National Petroleum Corporation, which normally supply the 1st appellant with petroleum products.