Mohd Boyi Buba V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A.(Delivering the Leading Judgment)

At the High Court of Justice of Kano State, Holden at Kano before Hon Justice Ibrahim Musa Karaye the Appellant along with one Alhaji Bello Mohammed were, in charge No.K/64C/2011 dated 6th day of April, 2011 charged for the offences of Conspiracy and Culpable Homicide punishable with death under Sections 97 and 221(b) of the Penal Code Cap. 105 Laws of Kano State.

1st Charge

That you Alh. Bello Mohd and Mohd Boyi Buba on or about the 20th September, 2010 at about 0900 hrs at Chirim Village Bunkure LGA Kano within the Rano Judicial Division commit an illegal act, to wit; you conspired together and beat one Nuhu Uba Makeri of Chirim Village, Bunkure LGA Kano and that you thereby committed an offence punishable under Section 97 of the Penal Code Laws of Kano State 1991

?2nd Charge

That you Alh. Bello Mohd and Mohd Boyi Buba on or about the 20th September, 2010 at about 0900 hrs at Chirim Village Bunkure LGA Kano within the Rano Judicial Division did commit Culpable Homicide punishable with death in that you caused the death of Nuhu uba Makeri by

doing an act you used your stick and beat him to death with the intention of causing his death thereby committed an offence punishable under Section 221 of the Penal Code Laws of Kano State 1991.

The Appellant pleaded not guilty, whereupon the prosecution now Respondent called five witnesses who testified as PW1, PW2, PW3, PW4 and PW5 and tendered Exhibits C and C1 and after the prosecution closed its case the Appellant filled a written address on a no case submission which was over ruled by the Court.

Thereafter the Appellant alone testified in his own defence as DW2 and after taking the addresses of the two learned counsel for the parties the learned trial judge, Hon. Justice Ibrahim Musa Karaye delivered the judgment of that Court on 24th September, 2013. The learned judge convicted the Appellant for the offence of Culpable Homicide punishable with death and sentenced him to death by hanging.

Dissatisfied with the conviction and sentence by the High Court of Kano State now called the trial Court, the Appellant commenced the instant appeal by the Notice of Appeal dated 9th December, 2013 with two grounds of appeal which was amended by the Amended

Notice of Appeal filed with 5 grounds of appeal and subsequently the Appellant’s Brief of Argument settled by MUSIBAU ADETUNBI, ESQ of Counsel, was deemed filed on 20/11/14 while the Respondent’s Brief of Argument was settled by SHUAIBU SULE ESQ (Director Civil Litigation Kano State Ministry of Justice), and deemed filed on 27/5/15.

The respective Briefs were adopted by the learned counsel for the parties at the hearing of the appeal, and placing reliance thereon. MUSIBAU ADETUNBI ESQ for the appellant urged that the appeal be allowed while SHUAIBU SULE ESQ. for respondent prayed that the appeal be dismissed.

According to the Appellant, the issues for determination are:

1. Whether from a microscopic view of the happenings at the Honourable Trial Court, with specific reference to non-calling of the available witnesses who could give direct evidence of the cause of the death of the deceased, could it be rightly said that the prosecution has discharged the hallowed and statutory duty of proving the guilt of the appellant beyond reasonable doubt which could deflate the presumption of innocence in favour of the appellant
2. Considering the want of

evidence showing that Mohd Boyi Buba is one and the same person with Mohammed Garba, can the honorable trial Court convict the appellant herein with the confessional statement authored by Mohammed Garba when same was not adopted by the appellant?