Samuel Bello V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court Kogi, holden at Ajaokuta, delivered on the 20th of December, 2011, in which the appellant was convicted for the offence of culpable homicide punishable with death, and sentenced to death by hanging.

The case of the prosecution is that on the 20th day of January 2009, the appellant together with other persons, drove to Achagana Junction at Adogo Village in a Golf Car belonging to the 1st accused person and upon disembarking, began to fire away their guns indiscriminately. The deceased Jimoh Adabara, was hit by a bullet and he died on the spot. The appellant and the other persons on discovering this, ran away.

For his part, the appellant said that he was the driver of the 1st accused person and when they were driving to work, they ran into a group of unruly people extorting money from passersby. They went and reported this to the chief of the village and the police at the police station. It was whilst they were at the police station that information reached them that somebody had been killed.

At the trial, the prosecution called four witnesses and the accused persons, including the appellant herein, each testified and called the DPO of the police station at the time. At the end, they were convicted and sentenced to death. The appellant appealed against the judgment on 14 grounds of appeal. In the appellant’s brief of argument settled by his counsel Abdullahi M. Aliyu and filed on the 4th of May 2012, three Issues were identified for resolution. They are: –

Whether the learned trial Judge was right to hold that the prosecution had established its case against the appellant beyond reasonable doubt?

Whether the approach of the learned trial judge in his evaluation of the evidence adduced at the trial has not occasioned miscarriage of justice?

Whether the failure of the learned trial Judge to read and explain the charges (as amended) to the appellant has not rendered the trial a nullity?

For the respondent, learned counsel Ayo Fashoba, in the Respondent’s brief deemed filed on 11/2/13, identified the issues to be 3 thus: –

Whether a defence of alibi avails the Appellant?

Whether the failure to read and explain the amended charges to the Appellant has occasioned miscarriage of justice?

Whether there are material contradictions and discrepancies in the evidence led by the prosecution as to cast doubt on its case?

The issues identified by the appellant would be the basis for resolving this Appeal.

ISSUE NO. 3