The State v. Holy Boniface (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

OBANDE FESTUS OGBUINYA, JSC (Delivering the leading judgment)

This appeal censures the rightness of the decision of the Court of Appeal, Yola Division (hereinafter addressed as the lower court), Coram Judice: C.N Uwa, JCA (now JSC), J.S. Abiriyi, JCA, and AM. Bayero, JCA, in appeal No: CA/YL/137C/2018, delivered on the 25th March, 2020. The lower court, in its decision, set aside the decision of the High Court of Adamawa State (the trial court), in charge No: ADSY/55C/2017, delivered by Abdul-Azeez Waziri, J., (now JCA), on the 11th June, 2018, wherein the appellant was convicted and sentenced to death and terms of imprisonment.

The material facts of the case, which metamorphosed into the appeal, are submissive to brevity and simplicity. Mohammed Siddi, Ori Sarti, Adamu Bello and others were herders of cattle in Kadamum village in Demisa Local Government Area of Adamawa State.

On the 18th January, 2017, in the course of rearing their cattle, they got to a river where they wanted their cows to drink water.

There was a nearby farm with a steaming generator. Mohammed Siddi saw one person he did not know. He then told his fellow herders that the person was going to shoot at them. Then, they started running away.

They (not he now) pursued them. They (the herders) entered among the cows. But, Adamu Bello, who was ten (10) years old, was caught by the people pursuing them. Mohammed Siddi, who was in front, heard Adamu Bello, crying.

Then, he heard a gunshot. He then went and informed their father, Alhaji Buba, about what happened. After that, they went and lodged a report of the incident to the Police.

They went with the Police to the place Adamu Bello was caught where they found blood stain, a sign of dragging and his cap with blood stain. They went to the riverbank, but could not find his body.

The respondent and four others, Alheri Phanuel, Holy Boniface, Tari Sabagi and Jerry Giddeon, were arrested by the Police.

After due investigation, they were arraigned before the trial court, on a five-count charge/information, for the offences of criminal conspiracy, culpable homicide punishable with death, inciting disturbance, mischief by killing or maiming animals and causing disappearance of evidence punishable under section 97(1), 221(b) 114(1), 330/79 and 167/79 of the Penal Code, Laws of Adamawa State, 1997 respectively. They all pleaded not guilty to all the counts of the information.

Following the plea of not guilty, the trial court conducted a full-dressed determination of the case. The appellant called six witnesses, PW1 – PW6. The respondent and four others testified each in defence of the case and called no witness. Documentary and tangible evidence were admitted as exhibits.

At the closure of the evidence, the parties, through their respective counsel, addressed the trial court in the manner required by law. In a considered judgment, delivered on the 11th June, 2018, located at pages 102 – 148 of the record, the trial court found them guilty, convicted them of the offences and sentenced each to death and terms of imprisonment.

The respondent was dissatisfied with the judgment of the trial court. Hence, on the 8th August, 2018, the respondent lodged a three ground notice of appeal, which was later amended, to the lower court which is copied at pages 168 – 172 of the record. The lower court, duly, heard the appeal. In a considered judgment, delivered on the 25th March, 2020, lying at pages 268 – 302 of the record, the lower court allowed the appeal by declaring the trial a nullity for the non-signing of the charge.

The appellant was aggrieved by the judgment. Hence, on the 24th April, 2020, the appellant launched a six- ground notice of appeal, found at pages 289 – 294 of the record, wherein it prayed this court as follows: