Tunde Adava & Anor V. The State (2002)

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ODUYEMI, J.C.A.

The 1st and 2nd appellants in this court, were charged and tried in the Obangede Division of the High Court of Kogi State of Nigeria for:

“That you, Tunde Adava and Ohiare Ohino, on or about the 14th day of March, 1996, at Ikuehi via Ihima in Okehi LGA of Kogi State, within the Kogi State Judicial Division in furtherance of your common intention did commit culpable homicide punishable with death in that you caused the death of Abdullahi Bello by doing an act, to wit: Shooting him with a gun with the intention to causing his death and thereby, committed an offence punishable under section 221 of the Penal Code read along with section 79 of the same code.”

Five witnesses, including the medical doctor, who performed post-mortem examination on the body of the deceased gave evidence for the prosecution.

The two accused persons/appellants each testified in his own defence. They jointly called four other witnesses.

At the end of the trial, each accused person was found guilty as charged, convicted and sentenced to death.

Being dissatisfied, the appellants have appealed to this court by filing separate notices of appeal each containing four grounds against the judgment of the trial court.

With leave of this court, each of the appellants has filed a fifth ground of appeal.

The facts briefly are that-

On 14th March, 1996, at about 6.00 p.m. following a political rally, there were public disturbances in which the deceased was shot dead with a gun in front of his house by one of the groups from the political rally.

The allegation against the two accused persons is that the group in question reached the house of the deceased and started throwing stones and other missiles. The 1st accused appellant on the order of the 2nd accused/ appellant then shot a gun at the deceased in the stomach. The deceased died two days later.

The five grounds of appeal contained in the respective amended notices of appeal, without the respective particulars are:-

“1. Ground One

The trial court erred in law, when it held that the prosecution had proved its case beyond reasonable doubt.