Habila Korau & Ors V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Kaduna State High Court in Charge No KDH/KAD/39C/2011 delivered by Honorable Justice G. I. Kurada on the 28th of May, 2013. The Appellants, along with five other persons, and others at large were arraigned before the lower Court on a five count charge, made up of two counts of conspiracy, one Count of mischief by fire and two Courts of culpable homicide punishable with death, contrary to Sections 97,337 and 221, respectively of the Penal Code Law of Kaduna State 1991.

The Appellants were alleged to have conspired with five other co-accused persons and others at large to cause mischief by fire and to have caused the mischief by fire on the 8th of June, 2011 by setting ablaze the settlement of one Ibrahim Saidu at Ungwan Dutse Village in Igabi Local Government Area of Kaduna State with the intention of causing destruction to the settlement which was ordinarily used as a dwelling place.

The Appellants were also alleged to have conspired with five other co-accused persons and others at large to cause culpable homicide punishable with

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death and to have caused the death of one Ibrahim Saidu and of his son, Abubakar Ibrahim on the 10th of June, 2011 by stabbing them all over their bodies with a knife and beating them with sticks and thereafter dumping their bodies in a nearby stream with knowledge that death was the probable consequence of their actions.

The Appellants were named as the second, fourth and sixth accused persons on the charge sheet and they pleaded Not Guilty and the matter proceeded to trial. The Respondent called five witnesses in proof of its case against the Appellants and the other accused persons and tendered exhibits. At the close of the case of the Respondent, the named seventh and eighth accused persons were discharged on a no case submission, leaving six accused person inclusive of the Appellants.

Each of the six accused persons testified in their defence. The first Appellant was the fourth defence witness while the second Appellant was the fifth defence witness and the third Appellant was the second defence witness. At the conclusion of trial and after the written addresses of Counsel to the parties, the lower Court discharged and acquitted the named first,

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third and fifth accused persons on all counts. The lower discharged and acquitted the Appellants on the counts of conspiracy to commit culpable homicide punishable with the death and of committing culpable homicide punishable with death, but it convicted the Appellants on the first two counts of conspiracy to commit mischief by fire and of committing mischief by fire. The lower Court sentenced the Appellants to five years each for the offence of conspiracy to cause mischief by fire and a fine of N5,000.00, in default of which the defaulting accused person would serve an additional term of six months. The lower Court also sentenced the Appellants to seven years each for the offence of causing mischief by fire and a fine of N5,000.00, in default of which the defaulting accused person would serve an additional term of six months.

The Appellants were dissatisfied with the judgment and each of them caused his Counsel to file a notice of appeal against it. The notice of appeal of the each Appellant is dated the 28th of June, 2013 and each of the notices of appeal contained five grounds of appeal. The three appeals were heard together and Counsel to the first

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Appellant filed a brief of arguments in ventilating the grievances of the first Appellant on the appeal and it was dated the 14th of August 2013 and was filed on the 15th of August, 2013. The brief of arguments of the second Appellant was dated the 13th of August, 2013 and it was filed on the 20th of August, 2013 while the brief of arguments of the third Appellant was filed on the 16th of August, 2013. In response to the three briefs of arguments of the Appellants, Counsel to the Respondent filed one concise brief of arguments and it was dated and filed on the 22nd of August, 2014 and it was deemed properly filed by this Court on the 30th of September, 2014. The Counsel to each Appellant and the Counsel to the Respondent adopted the arguments in their respective briefs of arguments as their oral submissions in this appeal.

Counsel to the first Appellant formulated three issues as arising for determination in the appeal of the first Appellant and these were: