Sambo Alh. Galadima V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA J.C.A (Delivering the Leading Judgment)

Appellants, with two other persons, were accused person in charged No. IDU/21C/96 at the Jigawa State High Court, presided over by Hon. Justice A. S. Tahir. They were tried for Culpable Homicide, offence punishable by death and at the close of the case for the prosecution; the learned trial Court discharged the 4th and 5th Accused persons, leaving the 3 Appellants to defend themselves. At the close of the entire trial the Court found them guilty, and sentenced them to death by hanging, pursuant to section 221 (b) of the Penal Code Law.

Appellants could not pursue their appeal until their case was assigned to the Chambers of A. S. Mukhtar and Co, by the Attorney General of the Federation, under the prison Decongestion Programme of the Federal Government.

Appellants filed their Notice of Appeal, upon being granted leave to do so by this Court, on 4/3/2010, and disclosed 8 grounds of Appeal, as PER PAGES 57 to 63 of the Record of Appeal.

Appellants filed a Joint Brief of Argument on 6/7/2010 and distilled five (5) Issues for the determination of the Appeal, as follows:

“(1) Whether it was established that the appellants had a pre-conceived idea to kill the deceased. (Grounds 1 and 2 of the Appeal)

(2) Whether the Appellants could be said to have conspired and actually killed the deceased.

(3) Whether the prosecution could be said to have proved beyond reasonable doubt that it was the act of the Accused persons that actually caused the death of the deceased.

(4) Whether the Appellants could be said to know that death of the deceased would be the natural consequence of their act assuming, without conceding, that they attacked her.

(5) Whether death sentence by hanging is not too harsh a punishment on the Appellants in the circumstances”

Issues 2 and 3 (argued together) were distilled from grounds 5, 6 and 7 of the Appeal; Issue 4 from grounds 3 and 4 and Issue 5 from grounds 7 and 8. Appellants also filed a Reply Brief on 25/10/2011, on being served with the Respondents’ Brief of Argument.

The Respondent filed its Brief on 11/10/2011, with the leave of Court, and distilled a sole issue for determination, namely:

“Whether from the totality of evidences (sic) adduced before the trial court, the learned trial judge was right in convicting the Convicts/Appellants for the offence of Culpable Homicide punishable with death and sentenced them to death accordingly.”

The Appeal was heard on 17/1/2013, when the counsel, on behalf of the Parties, argued the Appeal and urged us, accordingly.