Mohammed Bello Yauri V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed on 10/3/2015 against the judgment of the Kebbi State High Court in charge NO.KB/HC/16C/2014: THE STATE VS MOHAMMED BELLO YAURI & 3 ORS delivered on 10/12/2014.

The charge against the four accused read thus:

“CHARGE 1

That you Bello Muhammed Yauri ?M?, Okechukwu Duke?M?, Ali Musa ?M? and Siddi Yauri, on or about the 31st day of January, 2011 at about 21:00, at Yauri Local Govt Area within the jurisdiction of High Court of Justice Kebbi State agreed to do an illegal act to wit abducted one Mrs. Fatima Ahmad, and that the same act was done in pursuance of the agreement and that you thereby committed an offence punishable under Section 97 of the Penal Code.

CHARGE II

That you Bello Muhammed Yauri ?M?, Okechukwu Duke ?M?, Ali Musa ?M? and Siddi Yauri, on or about the 31st day of January, 2011 at about 221:00pm at Yauri Town in Yauri Local Government Area of Kebbi State within the jurisdiction of High Court of Justice Kebbi State abducted one

Mrs. Fatima Ahmad aged 74 years, in order that the said Mrs. Fatima Ahmad might be so dispose of as to be put in danger of being killed and thereby committed and offence Punishable under Section 274 of the Penal code.?

Only one of the accused appeared for trial. Nevertheless the learned trial Judged proceeded to hear and determine the case after taking the plea of the 1st accused. In his judgment, the learned trial Judged found inter alia as follows

?The fact that accused was involved to much in an issue that does not affect him either directly or indirectly, secondly he did not challenge the evidence of PW6 who was his boy reinforced by the unexplained defence of alibi made me believe that prosecution proved its case beyond reasonable doubt.

Fourthly the accused mentioned his statement EXH A that he immediately called PW3 on 31st January 2011, PW3 denied as he stated in his evidence in chief and I quote.

?We search in the bush till the following day, the following day around 8:00pm when I left the bush to eat Bello called me, he told that he heard something happened in Yauri and he told me to great Katuka.?

This piece of evidence is neither contradicted nor controverted. I therefore accept it was the following day he talked to him.

In light of the above finding, the unexplained defence of alibi reinforcement my believe that defence of alibi is properly demolished. I am therefore convinced prosecution proved its case beyond reasonable doubt and I convicted him as charged in respect of the 2 count offence.?