Usman Sule V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment)

The Appellant Usman Sule was arraigned before Adeyeye, J of the High court of Ekiti state, sitting at Ado Ekiti on the 8th day of February, 2010, on a one count charge of murder, contrary to section 319 of the criminal Code, Cap. 30 Vol. II Laws of Ondo State of Nigeria (now Cap. 37 Vol. I revised Laws of Ondo State as applicable to Ekiti State).

STATEMENT OF OFFENCE

MURDER, contrary to section 319 of the Criminal Code, Cap 30 Vol. II, Laws of Ondo State of Nigeria 1978 as applicable to Ekiti State.

PARTICULAR OF OFFENCE

USMAN SULE ‘M’ on or about the 24th day of September, 2005 at about 8.00am at Sabo, Quarters, Aramoko Ekiti Magisterial District did unlawfully cause the death of Mohammed Sheu ‘M’ by stabbing him with a sharp knife. The Appellant pleaded not guilty to the charge.

In brief the prosecution’s case is that the deceased Mohammed Sheu (M) was on the 24th day of September 2005, stabbed to death during a fight between him and the Appellant at Sabo Quarters in Aramoko – Ekiti. The prosecution’s evidence is hinged on circumstantial evidence, obtained from one Musa Sanni (the Head of the Hausas) in Aramoko-Ekiti. He knew both the Appellant and the deceased. He remembered the 24th September 2005, when the Appellant walked up to him to report that the deceased was smoking which he said was risky because of the presence of policemen around.

They were cleaning their surroundings, when the Appellant reported the deceased to Musa Sanni. He advised them not to fight and went on his own way. He later saw people shouting and the Appellant with a knife. He heard the people asking the Appellant why he had to kill another person.

He remembered that it was Ibrahim Danmani that collected the knife from the Appellant. He prevented the people at the scene from killing the Appellant. He promptly took the Appellant to the police station and handed him over to the Police.

Appellant was arraigned for the murder of the deceased. At the trial of the case, the prosecution called three witnesses. The Appellant testified on his own behalf, and called no other person as witness. Learned Counsel for the parties filed written addresses which were duly adopted. At the close of the case of the prosecution and the defence, the Learned trial Judge, in a considered judgment convicted the Appellant, and sentenced him to death by hanging.

The Appellant aggrieved by the decision of the court, caused a notice of appeal to be filed. This Court granted leave to the Appellant to amend, his notice of appeal, consequent upon which he filed Amended Notice of Appeal on the 22nd July, 2013. The Amended Notice of Appeal contains eight (8) grounds of appeal.

The grounds of appeal without their particulars are as follows:

(1) Ground One

The decision is unreasonable, unwarranted and cannot be supported having regard to the evidence.