Yusuf Ibrahim Garko V. The State (2006)

LawGlobal-Hub Lead Judgment Report

BA’ABA, J.C.A.

 The appellant was arraigned before Mahuta, C.J, of the Katsina State High Court, sitting at Katsina Judicial Division, Katsina for an offence under section 225 of the Penal Code. At the conclusion of the trial, the learned trial Chief Judge, convicted the appellant as charged and sentenced him to a 5 years term imprisonment.

The facts of the case are in the following brief narrative. Following a report of the theft of a vespa motorcycle made to the Bakori Divisional Police Station, the accused who was then the officer in charge of the Police Station in company of other police officers under his command searched the house of the deceased on suspicion that he was giving thieves shelter and helping them to dispose of stolen properties. The deceased was arrested and taken to the Bakori police station on 10/8/97 and subsequently arraigned before Jargaba Area Court on 11/8/97. The court ordered that the deceased be remanded in prison custody. But inspite of the court order the deceased was taken back to the police station where he was detained.

According to P.W.2, Mohammed Gali, while they were in the Bakori Police station with the deceased, they were brutally interrogated by the accused and other policemen. As a result of the interrogation, the deceased fell ill with blood coming out of his nose, ears and penis because of the beating they received with a cable wire after being hanged upside down. The deceased, Hakimi Rabiu, later died in the police station as confirmed by the appellant who testified as D.W.1, at the trial court, leading to the arraignment of the appellant before the trial court where he was convicted and sentenced to a 5 year term imprisonment hence the present appeal.

Dissatisfied with the judgment of the trial court, the appellant, appealed to this court by his notice of appeal dated and filed on 4/11/2002, containing one ground of appeal, the omnibus ground of appeal. With the leave of this Honourable Court granted on 3/3/2004, the appellant filed four additional grounds of appeal bringing the appellant’s total number of grounds of appeal to five. The grounds of appeal with their particulars are as follows:

“1. That the decision of trial court is unreasonable, unwarranted and can not be supported having regard to the evidence before the court.

2. The trial Judge erred in law when he held it is therefore my considered opinion that the accused in an effort to get information from the deceased inflicted too much physical punishment on the deceased which untimately led to the death of the deceased in his custody and at a time the deceased was supposed to be in prison custody and not in the custody of the accused p.92 of the record.

Particulars

(a) That the evidence adduced by both the prosecution and the defence raised serious doubt on the guilt of the accused person.

(b) That the testimonies of defence witnesses and the exhibits tendered before the court were not considered by the court before convicting the accused.

3. That the trial Judge erred in law when he held … the prosecution has succeeded in proving to the court through the evidence of its witnesses and also the behaviour in handling the deceased that the accused caused the death of the deceased in the cause of interrogation by the beating and the torture he subjected the deceased … p.92 of the record.

Particulars

(a) That the evidence adduced by the prosecution did not prove the essential ingredients enumerated under section 225 of the Penal Code.

(b) That reference was not made to sections 240 and 241 of the Penal Code by the trial Judge before convicting the accused as the sections defined what is Hurt or Grievous hurt contemplated under section 225 of the Penal Code.