Shuaibu Abubakar & Anor V. The State (2016)

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AMINA AUDI WAMBAI, J.C.A. 

This appeal is from the decision of the Kano State High Court in charge No. K/12C/2013 delivered on 13th May, 2015 by Hon. Justice Ahmed T. Badamasi. The 1st and 2nd Appellants were arraigned before the Court on a six (6) count charge of Criminal Conspiracy, culpable homicide punishable with death, voluntarily causing grievous hurt to Fatima Iliyasu and Ibrahim Iliyasu, entering into the house of Mallam Iliyasu Idris as members of an unlawful assembly with common intention to commit Criminal trespass, all punishable under Section 97, 221, 248(2) and 102 respectively, of the Penal Code Law of Kano state, of Nigeria (Cap) 105, 1991.

The charge allege that the 1st and 2nd Appellants on or about the 22nd May, 2011 about 22:30 hours in company of Sule Burda, Hamisu Dogo, Hassan Kilale, Yusuf Dawa, Ashiru Mai-Laya, Nasiru Boka all at large, were agreed to do an illegal act and trespassed into the house of Mallam Iliyasu Idris and caused grievous hurt to Fatima Iliyasu and Ibrahim Iliyasu as well as stabbing Ashiru Iliyasu to death with a sharp knife on his chest with the knowledge that death was the

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probable consequence of their action.

The two Appellants pleaded not guilty to all the six (6) counts charge consequent upon which the case proceeded to trial in which the prosecution called a total number of six (6) witnesses and tendered 6 Exhibits in proof of their case. In denying the charge the 1st and 2nd Appellants testified as DW1 and DW2 respectively and called 3 witnesses. At the close of hearing, the respective Counsel filed and adopted their final written address before the Court. The learned trial Judge found the Appellants guilty on counts 1, 2, 3, 4 and 5 and sentenced them to 2 years on count 1, 3 years on counts 3 and 4, one year on count 5 and death by hanging on count 2.

The Appellants were dissatisfied with the decision and commenced this appeal vide a Notice of Appeal dated 29/06/2015 predicated upon 17 grounds of appeal.

The brief facts of the case are that on 22/05/2011 a political scuffle ensued between two opposing groups of one Mustapha Abubakar and the group of Sabiu Iliyasu which resulted in the death of Mustapha Abubakar, the full brother of the 1st and 2nd Appellants. The matter was reported to the Police. The late

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Mustapha’s group also went to the house of Sabiu’s father, Mallam Iliyasu Idris, to arrest Sabiu in the course of which one Ashiru Iliyasu was killed. This 2nd incidence was also reported to the same Dala Police Division but before completion of investigation, consequent upon a petition written by Mallam Iliyasu against the Dala Police Division, the matter was transferred to the State C.I.D. for proper investigation. The two Appellants were arrested in connection with the death of Ashiru Iliyasu.

In compliance with the Rules of this Court both Counsel filed and exchanged their briefs of argument. The Appellants’ brief of argument dated and filed on 07/09/2015 was settled by Nureini Jimoh Esq. The Respondent’s brief of argument dated and filed on the 13/10/2015 was settled by Mrs. Binta B. Wudil, Deputy Director, Kano State Ministry of Justice in response to which the Appellants filed a reply brief on 31/12/2015, settled by Nureini Jimoh Esq.

I find no need to consider the reply brief as the Respondent did not raise any new issue to warrant the Appellants’ reply brief. The Appellants reply brief merely adumbrated and re-argued the Appellants’

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brief. A reply brief is not a tool for the Appellants to have a 2nd bite at the cherry to eat to his fill while the Respondent is impoverished neither is it a repair kit to mend or suture the Appellants brief.