Sanusi Umaru V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal of the 9th accused in Suit No SS/14C/2013, now the appellant against the decision of High Court of Justice Sokoto (CORAM D. B. SAMBO J.) delivered on 13/3/2014.

The charge against the accused read thus:

That you Sama?ila Umaru, Salihu Sule, Hali Musa, Umaru Sarkin Noma, Haruna Tukur, Buhari Sidi, Abdurra?uf Amadu, Ibrahim Yakubu (Alias alh. Singa), Yusuf Bawa, Umaru Abdullahi, Kabiru Iliyasu, Bello Ahmadu, Sa?ad alh. Garba, Ibrahim Dan maimaili, Sanusi Garba, Ibrahim Umaru, Abubakar Labaran, Dahiru Dan joda, Abu Damo, Ahmadu Garba and Sanusi Umaru All Male of Kwargaba and Arba Village Wurno Local Government Area, Sokoto State on or about the 3rd April, 2012 at 2200hrs in Kwargaba Village, Wurno Local Government Area within Sokoto judicial division did commit the offence of Culpable Homicide punishable with death in that you caused the death of one Ardo Umaru ?M? by inflicting serious bodily injuries with cutlass and sticks on him as a result he died on the spot thereby committed an offence punishable under Section 221 (b) of the Penal

code.?

The charge was read to the accused person. He pleaded not guilty. Parties then called witnesses.

After hearing the parties, the learned trial Judge convicted the accused of the offence of culpable homicide punishable with death.

The reason for the conviction were adduced by the learned trial Judge on page 18 ? 19 of the judgment thus

?9th Accused ? Sanusi Umaru DW8:

This accused made his statement recorded on the 23/8/2012. This is clear demonstration that he could only be arrested after 4 Months. The statement are the Exhibits P14, P14A. He stated in his statement how the people of Kwargaba village went on riot when they discovered that one Madugu was injured by the Fulani and in retaliation, Fulani houses were burned and destroyed by the Hausas. He confessed he joined the rioters with his friends and burned a motor cycle that belongs to one Alh. Mamman. On the other hand, in his evidence on oath before this Court, he testified that on the date the incidence occurred being the 3/4/2012, he was in his house and heard the people shouting. He said after his evening meal he slept off. That he did not

know anything in this case. He said he was arrested after some months. A comparison of the statement earlier made which is evidence before this Court with evidence in Court and even under cross-examination, the accused certainly neither here nor there. Accused situation is further compounded when the PW1 and PW2 respectively testified with all degree of certainty that this accused was among those who attacked the deceased and beat him using all types of weapons on him until he was left dead on the spot.

Dissatisfied with the judgment, the appellant on 6/5/2014 filed a Notice of Appeal challenging the decision of the trial Court on 5 grounds.

The 5 grounds of appeal (excluding the particulars) are reproduced here under

Ground One