Umaru Adamu V The State (2014)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

The appellant had been sentenced to death by hanging until pronounced dead having been found culpable and convicted by the trial court in Sokoto on 29/02/2008 for slaughtering his step mother – Inno Adamu on the 25th August 2002. The said conviction and sentence were affirmed by the Court of Appeal, Sokoto Division on the 11th January, 2010. Dissatisfaction with the decision of the court of appeal hereinafter called “the court below” led to the instant appeal by the appellant.

The matter that culminated into this appeal originated from the charge and trial of the appellant in Sokoto. The following charge had been preferred against the appellant:

“That you Umaru Adamu on or about the 25th August, 2002 at about 0500 hours in Marina Dalhatu Area of Sokoto North Local Government Area within the Sokoto Judicial Division while armed with a knife did commit a heinous act by slaughtering Inno Adamu with the said knife as a result of which she died knowing fully well that her death be the likely consequence of your act and thereby committed an offence to wit culpable Homicide, punishable with death contrary to Section 221 of the Penal Code.”

After the charge was read to the appellant and he pleaded not guilty, the case proceeded to hearing. The prosecution called seven (7) witnesses but the appellant neither gave evidence nor called any witness in defence of the charge.

The case for the prosecution was that on the 25th day of August, 2002, the appellant, who is a Mason by profession returned to Sokoto from Abuja. No sooner he put down his bag than he started beating his sister whom he met in the house but PW3 – Bello Adamu, his elder brother intervened and separated them. Thereafter, the appellant brought out a knife from his bag and threatened to kill his sister with it. The incident was reported to the Police which later settled the matter with a resolution that it was a mere family affair.

Subsequently, in the early hour of the 25th August 2002 at about 2.00 am, the appellant had gone to the sister’s matrimonial home to see her but was driven away by the sister’s husband. On arrival back in the house, he used his knife to cut the throat of his 70 years old step mother who was sleeping and slaughtered her and she died. After PW3 was alerted on the incident, he came and found the appellant licking the blood on the knife, saying “Allahu Akbar” meaning God is great.

The trial court considered the testimony of all prosecution witnesses and the various Exhibits tendered including the Statement of the appellant where he admitted that he did what was alleged. He was found guilty, convicted and sentenced to death. The court below upon an appeal by the appellant affirmed the decision of the trial court.

This is a further appeal being dissatisfied with the decision of the court below, based on a sole ground of appeal as follows:

“The learned Justices of the Court of Appeal erred in law when they held that evidence of appellant’s insanity, elicited from a witness under cross examination is of no moment thus occasioning miscarriage of justice.”

Pursuant to the relevant rules of court, parties filed and duly exchanged their briefs of argument.

When the matter came up for hearing on 30th January, 2014, the learned appellant’s counsel referred to his brief of argument filed on 22/06/2010. He adopted and relied on same to urge the court to allow the appeal, set aside the judgment of the court below that affirmed the judgment of the Sokoto trial High court which convicted the appellant and sentenced him to death.

In response, the learned counsel for the respondent identified his brief of argument earlier filed on 11/03/2011 but deemed properly filed and served on 16/05/2012.

In the said appellant’s brief of argument, the following sole issue was distilled from the single ground of appeal.