The State V. Sani Ibrahim (2019)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant and five others were charged before the High Court of Katsina State, Katsina Judicial Division on a two-count charge as follows:

“Count 1

That you (1) Sani Ibrahim, (2) Abubakar Ibrahim, (3) Abdu Musa, (4) Nura Buhart (5) Ibrahim Abdulhamid and (6) Ibrahim Tukur on or about the 23rd day of July 2003 at Mazado Timber Factory along Yahaya Madawaki Way, Katsina, within Katsina Judicial Division, had formed a common intention to commit culpable homicide punishable with death in furtherance of which you caused the death of one Usman Dan-Iyau (Mai-gadi) of the same address by doing an act to wit: beating him and thereafter slaughtering him with a knife with the knowledge that death will be the probable consequence of your act; and thereby committed an offence punishable under Section 221 (b) read with Section 79 of the Penal Code.

Count 2

That you (1) Sani lbrahim, (2) Abubakar lbrahim, (3) Abdu Musa, (4) Nura Buhari, (s) Ibrahim Abdulhamid and (6) Ibrahim Tukur on or about the 23rd day of July 2003 at Mazado Timber Factory

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along yahaya Madawaki Way, Katsina, within Katsina Judicial Drvision, had formed a common intention to steal, in furtherance of which you broke into the premises and office of the said Mazado Timber Factory and used personal violence on one Usman Dan-Iyau (Mai-gadi) of the same address and thereby committed an offence under Section 2 (2) (b) read with Section 2 (1) of the Robbery and Firearms (Special Provision) Act Cap. 398 Laws of the Federation 1999 as amended.”

The accused persons were arraigned on 21st June, 2005. They pleaded not guilty to each of the counts. The appellant was the 1st accused. The deceased who was a night guard at Mazado Timber Factory, was allegedly beaten and slaughtered to death by the appellant and his co-accused. The prosecution’s case was based, essentially, on the confessional statements of the 1st, 2nd, 3rd, 4th, and 6th accused persons and Exhibit L, the post mortem report. The medical doctor, though summoned, did not attend Court to testify. The knife allegedly used in the commission of the offence was tendered but rejected.

At the conclusion of the trial, the appellant and his co-accused, except the 6th

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accused who had died in the course of the hearing, were found guilty on both counts and sentenced to death. They appealed against their conviction and sentence to the Court of Appeal, Kaduna Division. The Court set aside the judgment of the trial Court and acquitted and discharged the appellants. It held that the confessional statements relied upon by the trial Court did not meet the credibility test; that Exhibit L as to the cause of death was in conflict with the alleged confessions of slaughtering the deceased; that the evidence of the appellants as to how and where they were arrested was contrary to the evidence of PW6 who said he arrested them all at Gidan Nama around 3am while they were asleep.

The State was dissatisfied with the judgment and has appealed to this Court vide its notice of appeal dated 9/7/15 containing four grounds of appeal. The appeal was argued on the Amended Notice of Appeal deemed filed on 21/3/2018, which also contains four grounds of appeal.

At the hearing of the appeal on 25th October, 2018, FREDRICKS E. ITULA ESQ., adopted and relied on the appellant’s amended brief of argument filed on 3/10/17 but deemed filed on