Habu Samaila v. The State (2023) LLJR-CA

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

This appeal emanated from the decision of Jigawa State High Court in Charge No. JUD/28C/2015, delivered on 17th January, 2019 by Hon. Justice A.M. Abubakar, whereof appellant was convicted and sentenced to death, by hanging, for offence of culpable homicide.

He was also sentenced to prison terms, or fines in respect of other offences, namely: Voluntary Causing Hurt and Mischief, under sections 248 and 327 of the Penal Code.

At the trial court, appellant, who was the only accused person, in counts 1, 2 and 3, was the 1st accused in the 5th count, for conspiracy.

The charge had 6 counts, but appellant was not involved in counts 4 and 6. Later, the prosecution applied to withdraw the charge against the other accused, and appellant was tired alone in respect of counts 1 to 3.

The amended charge was as follows and the counts affecting appellant were as follows:

“(1) That you Habu Samaila m alias Bokolo on or about 15th day of March, 2015 at Birnin Kudu Town, Birinin Kudu Local Government Area of Jigawa State within the Jigawa Judicial Division committed an illegal act to wit: you attacked one Muhammad Garzali (now deceased) by cutting him with a machete on the head, with the knowledge that death will be the probable consequence of your act and the deceased sustained serious injuries which resulted to his death, and you thereby committed an offence of Culpable Homicide, punishable with death under section 221(b) of the Penal Code, Cap P. 3, Laws of Jigawa State, 2012.

(2) That you Habu Samaila m alias Bokolo of Masamawa Quarters Birnin Kudu Local Government Area on or about 15th day of March, 2015 at Birnin Kudu Town, Birinin Kudu Local Government of Jigawa State within the Jigawa Judicial Division committed an illegal act to wit you attacked one Sani Muhammad alias Danjuma by cutting him with a machete on the hand and he sustained injury as a result of your act and you thereby committed an offence of Voluntary Causing Hurt, punishable under section 248 of the Penal Code, Cap P.3, Laws of Jigawa State, 2012.

(3) That you Habu Samaila m alias Bokolo of Masamawa Quarters Birnin Kudu Local Government Area on or about 15th day of March, 2015 at Birnin Kudu Town, Birinin Kudu Local Government within the Jigawa Judicial Division committed an illegal act to wit: you caused damage to a Vehicle (Volkswagen) by destroying front and back screen when same was packed at Mohd Sani alias Danjumas house, belonging to All Progressive Congress (APC) and you thereby committed an offence of Mischief, contrary to section 326 and punishable under section 327 of the Penal Code, Cap P.3, Laws of Jigawa State, 2012.

Appellant had pleaded not guilty to the charge on being arraigned, and after hearing the case and considering the evidence and addresses of counsel, the trial court held for the prosecution, and convicted appellant on the three counts, and Sentenced him to death by hanging, on count 1 under section 221(b) of the Penal Code and to 5 months imprisonment (or fine of five thousand naira) for causing hurt, under section 248 of the Penal Code and to one year imprisonment (or fine of ten thousand naira) for offence of mischief under section 327 of the Penal Code.

That is the decision appellant appealed against, as per the notice and grounds of appeal on pages 206 to 212 of the records of appeal, disclosing 6 grounds of appeal. Appellant filed his brief of arguments on 26/9/2022, which was deemed duly filed on that date (26/9/2022). He distilled 2 issues for the determination of the appeal:

“(1) Whether the prosecution has proved its case against the appellant beyond reasonable doubt to warrant the conviction and sentencing of the appellant (Grounds 1, 3, 4, 5 and 6)

(2) Whether the appellant was given a fair hearing by the lower trial court. (Ground 2)”

The respondent filed its brief on 10/11/2022, which was deemed duly filed on 23/11/22, when this appeal was heard. Appellants reply brief was also deemed duly filed on the said 23/11/2022. The respondent also donated 2 issues for the determination of the appeal, as follows: