Buba Sule V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the Judgment in respect of the appeal filed by the appellant on 23/4/13 vide his Notice of Appeal which contains 5 Grounds of appeal.

The appeal is against the judgment of D. B. Sambo J. delivered on 26/3/2013.

The charge against the accused (now appellant read as follows):

“That you Buba Sule ‘M’ of Sangiwa village Rabah Local Government Area Sokoto on 19/12/2009 at about 4:00hrs at Sangiwa village Rabah Local Government of Sokoto State within Sokoto Judicial Division did commit the offence of culpable Homicide punishable with death in that you caused the death of Abdullahi Mohammed by stricking him severally on his dead with cutlass as a result he fell down and died on the spot, you thereby committed an offence punishable under Section 221(a) of the Penal Code.”

The charge was read to the accused and his plea was taken.

The learned trial Judge proceeded to hear parties and their respective witnesses before giving judgment against, the accused as follows (inter alia);

“In the final analysis the question for determination herein as to whether the prosecution has proved its case beyond reasonable doubt is answered in the affirmative consequently I hereby convict you Buba Sule on the charge of culpable Homicide punishable under Section 221(a) of the Penal Code. I have heard the learned defence counsel pleading that the accused is a minor under 18 years and as such this court should temper justice with mercy much as this court would want to temper justice with mercy it has to do so within the powered of the law. The accused having been convicted under S.221(a) of the Penal Code the sentence is mandatory. I have equally looked into the S.272 of the CPC whether it will assist me to temper justice with mercy unfortunately the accused person does not come within the provision of that law.

Consequently the hands of this court are tight (sic) and must carry at the mandatory provision of the Penal Code to wit, accused must be sentenced accordingly (sic)

In the light of the above therefore this court sentence you Buba Sule to death and you shall be hanged by the next (sic) trial you are certified dead. May God have mercy on your soul.”

It is against this judgment that the appellant filed 5 grounds of appeal. The grounds of appeal (shorn of the particulars) read this:

“GROUND 1

The decision of the court below is unreasonable unwarranted and cannot be supported having regard to the evidence adduced at the trial.

GROUND 2