Jibrin Ibrahim V. Commissioner Of Police, Plateau State Command (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The appellant was arraigned by the State before the High Court of Justice of Plateau State holden at Jos on the following charges:

?COUNT I:

That you Jibrin Ibrahim ?M?, Ya?u ?M?, Ya?u Isah and one other still at large on or about the 5th November, 2012 at Exland Junction in Barkin Ladi Local Government Area within the Plateau Judicial Division agreed to commit an illegal act to wit: Culpable homicide when you armed yourself with knives, sticks and other weapons and attacked one Mohammadu Abdulkarim ?M? (deceased) beat him and stabbed him with a knife, which led to his death, an act done in pursuant to your agreement and you thereby committed and offence contrary to and punishable under Section 97(1) of the Penal Code Law, Cap.89, Laws of Northern Nigeria, 1963, 4th edition, 1987.

COUNT II:

That you Jibrin Ibrahim ?M?, Ya?u ?M?, Ya?u Isah and one other still at large on or about the 5th November, 2012 at Exland Junction in Barkin Ladi

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Local Government Area within the Plateau Judicial Division did commit an illegal act to wit: Culpable homicide when you armed yourself with knives, sticks and other weapons and attacked one Mohammadu Abdulkarim ?M? (deceased) beat him and stabbed him with a knife, which led to his death, with the knowledge that death of the deceased will be the probable consequence of your act and you thereby committed an offence contrary to and punishable under Section 221 of the Penal Code Law, Cap.89, Laws of Northern Nigeria, 1963, 4th edition, 1987.?

The appellant and the others accused persons pleaded not guilty to the two counts on 26th September, 2013. The prosecution called PW1-PW4 to prove their case while the two accused persons testified as DW1 (Jibrin Ibrahim) and DW2 (Ya?u Jauro). Ya?u Isa testified as DW3. None called any witness in their respective defences. Learned Counsel submitted written addresses. The learned trial Judge D.D. Longi, J., rendered decision on 30th June, 2014 holding at page 129 lines 23 to page 130 lines 1-3 of the printed record as follows:

?I therefore hereby hold that the prosecution has

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proved its case against the 1st and 2nd accused beyond reasonable doubt, and are hereby convicted of the offences of criminal conspiracy contrary to Section 97 of the Penal Code Law and Section 221 of the Penal Code Law as charged.

For the 3rd accused, the only evidence against him is Exhibit ?P7?; but discharged the said Exhibit ?P7?, there remains nothing to hold him. There is no evidence standing against him. He is hereby discharged and acquitted.

ALLOCUTUS: