Jummai Hassa V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment)

The accused/appellant Jummai Hassan was charged along with two (2) others namely Michael Akinola and Oluseyi Seriki at the trial High Court No. 9 sitting in Maiduguri Borno State on a three count charge of conspiracy, kidnapping and culpable homicide contrary to S.97(1), S.273 and S.221(b) all of the Panel Code respectively.

The three count charge are as follows:

Count I

“That you Jummai Hassan, female 14 years of age, Michael Akinola Ashade ‘M’ and Oluseyi Seriki ‘M’ on or about the 17th day of July, 2001 at Pompanari Housing Estate, Maiduguri, which is within the jurisdiction of this Honourable Court agreed to do illegal act to wit: Kidnap and Kill Ibrahim Chinda ‘M’ and that the same illegal act was done in pursuance of the agreement and that you thereby committed an offence punishable under S.97(1) of the Penal Code.”

Count II

That you Jummai Hassan ‘F’ 14 years of age on or about the 17th day of July, 2001 at Pompanari Housing Estate, Maiduguri, which is within the jurisdiction of this Honourable Court Kidnapped Ibrahim Chinda ‘M’ and minder under 3 years of age from the lawful guardianship of Joseph T. Chinda and thereby committed an offence punishable under Section 273 of the Penal Code.”

Count III

“That you Jummai Hassan, “F” 14 years of Age, Michael Akinola ‘M’ and Oluseyi Seriki ‘M’ on or about the 17th day of July, 2001 at Pompanari Housing Estate, Maiduguri, which is within the jurisdiction of this Honourable Court did commit culpable homicide punishable with death in that you caused the death of Ibrahim Chinda ‘M’ by doing an act to wit – strangulating him with the intention of causing death and you thereby committed an offence under Section 221(b) of the Penal Code.”

In the course of the trial the 3rd accused Oluseyi Seriki was discharged and acquitted after a no case submission on the 16/7/2004. However, the appellant and the 2nd accused proceeded to a full trial. The prosecution called a total of 8 (eight) witnesses and tendered 31 exhibits before the court. The appellant and the 2nd accused on their part called 5 (five) defence witnesses.

At the end of the trial, the trial court convicted and sentenced the appellant to 15 years imprisonment. The 2nd accused was however discharged and acquitted.

The Accused/appellant being dissatisfied with the judgment of the Court below filed a motion on the 27th March, 2007 seeking leave of this court to appeal out of time and some was granted on the 27th June, 2007. On the 9th of July, 2007 seven grounds of appeal were filed on behalf of the appellant which reproduction without their particulars are as follows:

GROUND ONE

The learned trial judge erred in Law when he sentenced the appellant in contravention of the provision of S.10 and S.12 Children and Young Persons Law, CAP 26, Borno State and S.243A Criminal procedure Code Laws of Borno State.