Yakubu Yahaya v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

The appellant was along with his brother, Ibrahim Yahaya, jointly charged with and convicted for the offences of conspiracy and culpable homicide not punishable with death contrary to the provisions of Sections 97 and 224 of the Penal Code Law, Kaduna State by the High Court of Kaduna State, sitting at Kaduna (trial court).

He was sentenced to three (3) months and ten (10) years imprisonment without option of fines for the respective offences, like his brother; who was the 2nd accused person.

In brief, the appellant and his brother were said to have caused the death of one Basiru A. Gambo by savagely beating him with a stick at Gegede Village, Kargi District of Anchau Local Government Area, Kaduna State on 22nd October, 2012.

Five (5) witnesses testified for the prosecution and three documentary exhibits were tendered in order to prove the offences against the accused persons.

On his part, the appellant gave evidence as DW3 in defence of the charge. The appellants mother also testified as DW1 in defence of the charge.

Being dissatisfied with the judgment of the trial court which was delivered on the 26th September, 2017, the appellant filed an appeal against same before the Court of Appeal, Kaduna Division (Court below).

In a judgment delivered on 4th June, 2020, the court below dismissed the appeal and affirmed the conviction of and sentences on the appellant for the offences he was charged with.

This appeal is against that judgment of the court below and it was brought vide the notice of appeal filed on the 1st July, 2020 on three (3) grounds from which two (2) issues are formulated for determination by the court in the appellants Brief filed on the 17th September, 2020. The issues are in the following terms:

a. Having regard to the evidence on record, whether the Court of Appeal rightly upheld the decision of the trial court in convicting the appellant for the offences in the charge? Grounds 1 and 3

b. Whether the Court of Appeal rightly dismissed the appeal cognizant of the failure of the trial court to properly evaluate the evidence on record before relying on exhibit C to convict the appellant for the offences in the charge? Ground 2.

For the respondent, issues distilled for determination at page 6 of the respondents brief filed on the 15th December, 2020, deemed on the 17th March, 2022, are as follows:

1. having regard to the evidence on record, whether the court of appeal rightly upheld the decision of the trial court in convicting the appellant for the offences in the charge.
2. Whether the learned trial Judge was right to have convicted the appellant and his brother, Ibrahim Yahaya, on the basis of their confessional statements exhibits C – D; more so, when the evidence of PW5 is to the effect that the appellant and his brother Ibrahim Yahaya were never tortured by the Police Officer to confess to the crime (distilled from one of the ground of appeal)?

As can be easily observed from the formulation of the issues, the pith of the complaint in the grounds of the appeal is whether the court below is right to have affirmed that the respondent had proved the offences the appellant was convicted for beyond reasonable doubt from the evidence adduced at the trial.

Submissions by learned counsel for the parties would be reviewed and considered in line with this complaint.