Mohammed Garba & Ors V. The State (2000)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C

Mohammed Garba is the only appellant in this appeal. He was convicted jointly with Yahaya Shuaibu and Ibrahim Audu of criminal conspiracy, contrary to Section 97 and punishable under Section 22(b) of the Penal Code. On appeal to the Court of Appeal the conviction for the offence of conspiracy was quashed. The appellant Yahaya Shuaibu and Ibrahim Audu were discharged and acquitted of that offence. The conviction of the appellant under section 221(1) for culpable homicide punishable with death was however confirmed. Hence this appeal.

The facts as given by the prosecution were narrated briefly as follows:

There was a wrestling contest at Yandoji Village in Wudil Local Government Area of Kano State. The deceased, Usman Audu who hailed from Wanbantu Village attended the contest. He was at that time in company with Sule Dantsoho who gave evidence during the trial as PW 1 and Dantsoho Salau. PW2. During the contest, the deceased wrestled with one Nuhu of Yandoji Village. The deceased defeated Nuhu. PW2 wrestled with 2nd accused who also was from Yandoji Village and defeated him. There were many people, including girls watching the wrestling match. The defeat of Yandoji people angered the appellant, Yahaya Shuaibu and Ibrahim Audu. They carried stick and threatened to beat the deceased, PW1 and PW2 but they were prevented from attacking them by spectators at the match.

After the match, while the deceased, PW1 and PW2 were walking back to their village at about midnight, in the guinea corn plantation the appellant suddenly emerged from behind a tree and struck the deceased with a stick on the head. The deceased fell down and started bleeding from the head. He subsequently died on the spot. PW 1 and PW2 who had torch lights with them identified the appellant as the assailant. PW 1 chased him in guinea corn plantation but he escaped. PW2 told the trial court that the 2nd and 3rd accused also emerged from the southern part of the road holding sticks. But when PW2 called for the aid of PW1, the two accused persons ran away. PW 1 and PW2 carried the corpse of the deceased to their village. On the following day the appellant and the two accused persons who were discharged at the Court of Appeal were arrested.

The body or the deceased was examined by a medical officer. The medical report stated that the cause of death was haemorrhage due to MOHAMMED J.S.C (Delivering the Leading Judgment): Mohammed Garba is the only appellant in this appeal. He was convicted jointly with Yahaya Shuaibu and Ibrahim Audu of criminal conspiracy, contrary to Section 97 and punishable under Section 22(b) of the Penal Code. On appeal to the Court of Appeal the conviction for the offence or conspiracy was quashed. The appellant Yahaya Shuaibu and Ibrahim Audu were discharged and acquitted of that offence. The conviction of the appellant under section 221(1) for culpable homicide punishable with death was however confirmed. Hence this appeal.

The facts as given by the prosecution were narrated briefly as follows:

There was a wrestling contest at Yandoji Village in Wudil Local Government Area of Kano State. The deceased, Usman Audu who hailed from Wanbantu Village attended the contest. He was at that time in company with Sule Dantsoho who gave evidence during the trial as PW 1 and Dantsoho Salau. PW2. During the contest, the deceased wrestled with one Nuhu of Yandoji Village. The deceased defeated Nuhu. PW2 wrestled with 2nd accused who also was from Yandoji Village and defeated him. There were many people, including girls watching the wrestling match. The defeat of Yandoji people angered the appellant, Yahaya Shuaibu and Ibrahim Audu. They carried stick and threatened to beat the deceased, PW1 and PW2 but they were prevented from attacking them by spectators at the match.

After the match, while the deceased, PW1 and PW2 were walking back to their village at about midnight, in the guinea corn plantation the appellant suddenly emerged from behind a tree and struck the deceased with a stick on the head. The deceased fell down and started bleeding from the head. He subsequently died on the spot. PW 1 and PW2 who had torch lights with them identified the appellant as the assailant. PW 1 chased him in guinea corn plantation but he escaped. PW2 told the trial court that the 2nd and 3rd accused also emerged from the southern part of the road holding sticks. But when PW2 called for the aid of PW1, the two accused persons ran away. PW 1 and PW2 carried the corpse of the deceased to their village. On the following day the appellant and the two accused persons who were discharged at the Court of Appeal were arrested.

The body or the deceased was examined by a medical officer. The medical report stated that the cause of death was haemorrhage due to commuted fracture of the skull. The police investigating officer recorded statements from the accused persons.

The learned trial judge considered the evidence adduced by both the prosecution and the defence. At the end of the trial, and in a considered judgment, he convicted the three accused persons of criminal conspiracy and sentenced all of them to death. The appellant was, in addition, found guilty or culpable homicide punishable with death, contrary to section 221 (b) of the Penal Code. He was convicted of that offence and sentenced to death. They all appealed to the Court of Appeal. The court below after hearing submissions in respect of the appeal and in a well considered judgment, found that the offence of criminal conspiracy was not proved. It therefore allowed the appeal on that charge and discharged and acquitted all the accused persons. It however dismissed the appeal of the appellant on the culpable homicide charge. It affirmed his conviction under section 221(b) of the Penal Code and the sentence of death imposed by the trial High Court.

It is against the conviction and sentenced which the Court of Appeal affirmed that Mohammed Garba has appealed to this court.

Learned counsel for the appellant. M.D. Belgore, identified the following two issues for the determination of the appeal.

“1. Whether the Court of Appeal was right in holding inter alia, that issues raised by the appellant relating to: