Idrisu Ahmed V. The State (1998)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

With the leave granted by the High Court of Justice. Kogi State and under the hand of Umoru Eri, Chief Judge, the following charge was preferred against Musa Yusufu and Idrisu Ahmed:

“That you Musa Yusufu and Idrisu Ahmed on or about the 7th day of December, 1993 at Obehira in Okene Local Government Area within the Kogi State Judicial Division committed culpable homicide punishable with death by causing the death of Anda Ali by doing an act to wit: you shot the said Anda Ali in the neck with a locally made gun with the intention of causing his death and you thereby committed an offence punishable under section 221 (a) of the Penal Code read along with section 79 of the same Code.”

The two accused persons being referred to as 1st and 2nd accused were arraigned before Umoru Eri, the learned Chief Judge, and each pleaded not guilty to the charge. The trial proceeded with the prosecution calling four witnesses and putting in evidence a number of exhibits in proof of their case while both the 1st and the 2nd accused gave evidence in defence with 1st accused calling one witness.

At the conclusion of the trial the learned trial Chief Judge made a thorough consideration and evaluation of the evidence adduced before him and found the two accused persons guilty as charged, convicted and sentenced them to death accordingly.

Dissatisfied with the decision of the trial court the 2nd accused, Idrisu Ahmed appealed against his conviction and sentence to the Court of Appeal, Abuja Division. His appeal was dismissed and the conviction and sentence passed on him were affirmed.

Aggrieved by the dismissal of his appeal by the Court of Appeal, Abuja the 2nd accused has now further appealed to this court.

It appears that the 1st accused did not appeal against the judgment of the trial court to the Court of Appeal, Abuja Division.

The simple facts involved in this case are as follows:

On the evening of 12th December, 1993, between the hours of 7.30p.m-8p.m. at Obehira in Okene Local Government Area of Kogi State, the 1st and the 2nd accused after raising an alarm of “thief! Thief!” against one Anda Ali, now deceased, the latter ran into the compound of James Averehi (P.W.1) and hid himself in a room and locked the door. The 1st and the 2nd accused pursued Anda Ali into the compound of James Averehi, broke the door open of the room he was hiding and dragged him out. After giving Anda Ali beating with a horse whip, James Averehi and his wife pleaded with them to leave the deceased. They both ignored the plea. The accused pinned down their victim to the ground and the 1st accused holding a local made pistol shot the deceased in the neck resulting in his instantaneous death on the spot. After committing the offence, the 1st and the 2nd accused ran away. Mr. James Averehi reported the incident to the police on the same day. The two accused persons were later arrested, interrogated and charged to court.

Henceforth, the 2nd accused who is the appellant in this appeal, shall be referred to simply as the appellant. Parties filed and exchanged briefs of argument.

In the appellant’s brief and of the 3 issues filed therein issue 1 was abandoned and struck out. The two remaining issues are as follows;

“2. Whether the courts below were right in basing their decision on the evidence of P.W. l inspite of apparent contradictions and twists in the course of the trial.

3. Whether it was proper for courts below to prefer the case of the prosecution to that of the defence when each of the cases stood parallel and uncontradicted by cross-examinations.”

In the respondent’s brief the following 3 issues have also been raised: