Sa?adu Deriba (Driver) V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

In Doubeli Village, in the Lau Local Government Area of Taraba State, there once lived a man named Alhaji Ardo Jokadi Lengel. In his life time, he was the Ardo and head of the Fulfulde people. As he was so rightly entitled to have, he had at various times married three wives, one of whom is the PW4 in this case, Mairama Ardo Jokadi and another of whom is Ayagi, the mother of Appellant; whom he married in the year 2001 upon the death of her husband late Deriba (Driver).

However, after 6 years of the marriage of the mother of the Appellant there arose incessant squabbles and troubles between the mother of the Appellant and PW4, the first of the three wives of Alhaji Ardo Jokadi Lengel leading to the eventual divorce of the Appellant?s mother by Alhaji Ardo Jokadi Lengel. Consequently, several Court cases ensued between and amongst the members of the once peaceful family and resulting into their enstranged relationship.

On the fateful night of 1st June, 2010 at about 2.00 am while Alhaji Ardo Jokadi Lengel and his dear wife Mairama Adro Jokadi were sleeping in

their bedroom, some persons forcefully entered into their room and viciously attacked them with sticks, cutlasses and knives and dealt several severe injuries on them. They were then rushed to the Hospital at Lau where on the way Alhaji Ardo Jokadi Lengel died as a result of the severe injuries he sustained from the vicious attack by the attackers. However, by God?s mercies Mairama Ardo Jokadi the PW4 survived the attack and recovered after about a month treatment in the hospital at Lau. The stage was then set for the epic legal battle resulting into the conviction and sentence of death pronounced upon the Appellant by the Court below.

This is thus an appeal against the judgment of the Taraba State High Court sitting in Jalingo in Charge No: TRSJ/2C/2011; The State V. Sa?adu Deriba (Driver) delivered on 29/1/2014 by F. B. Andetur J., and the consequent sentence of death pronounced on 12/2/2014 upon the Appellant by the Court below under Section 221(a) of the Penal Code.

?By a Notice of Appeal filed on 9/5/2014, the Appellant, being dissatisfied with the Judgment and sentence of death passed upon him by the Court below, has appealed to

this Court on five grounds and praying this Court to allow the appeal and to quash his conviction and the sentence of death passed upon him and to acquit and discharge him of the offences with which he was charged by the State.

The Record of Appeal was transmitted to this Court on 15/10/2014 but deemded as properly transmitted on 27/10/2015. The Appellant?s brief was duly filed on 10/12/2015. The Respondent?s brief was duly filed on 3/2/2016. The stage was thus set for the hearing of this appeal, which came up on 3/2/2016.

?At the hearing of this appeal on 3/2/2016, Martin Milkman Esq., learned counsel for the Appellant adopted the Appellant?s brief as their arguments in this appeal and urged the Court to allow the appeal and to set aside the conviction and sentence of death passed on the Appellant by the Court below. On the other hand, A. Y. Shitta Esq., learned DPP Ministry of Justice, Taraba State, who appeared with Z. Y. Usman Esq., SC II for the Respondent adopted the Respondent?s brief as their arguments in opposition to this appeal and urged the Court to dismiss the appeal as lacking in merit and to affirm the conviction

and sentence of death passed upon the Appellant by the Court below.

At the trial before the Court below, as in the record of appeal, the Respondent called five witnesses, who testified as PW1 (Dr. David Jedua); PW2 (Inspetor Gideon Moses); PW3 (Yerima Jalo); PW4 (Mairama Ardo Jokadi) and PW5 (Alhaji Gamguro Ardo Jokadi) and tendered some documents in evidence as Exhibit P1 and P2, which are the voluntary statements of the Appellant to the Police as an accused person. On the other hand, in his defence the Appellant took the witness stand and testified as DW1 and closed his case.

The learned counsel to the respective parties subsequently filed their final written addresses, which were duly adopted and in its considered judgment, now under appeal, the Court below found the Appellant guilty of the offences charged; Culpable homicide punishable with the death under Section 221(a) of the Penal Code and subsequently sentenced him to death and also for Voluntarily causing grevious hurt to PW4 punishable under Section 247 of the Penal Code.

?I have given due consideration to the facts and circumstances of this case as can be seen in the Record of Appeal as