Yusuf Musa V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

This appeal is from the decision of the Jigawa State High Court sitting at Hadejia delivered on 23/12/2008 by Ubale Ahmed Taura J., wherein the Appellant who was convicted for the offence of culpable homicide punishable with death under Section 221 (b) of the Penal Code and sentenced to death by hanging.

The Appellant then an accused person was arraigned before the court on the following charge, to wit:-

“That you YUSUF MUSA alias DABO (M) on or about the 27th July, 2007 at about 12:30 hours at Burku Village in Mallam Madori Local Government Area within Jigawa Judicial Division Committed the offence of culpable homicide by doing an illegal act to wit; hitting one Muhammadu Hamza on the head and other parts of the body with stick with the knowledge that death would be the probable consequence of your act and you thereby committed an offence punishable under Section 221 of the Penal Code.”

The Appellant pleaded not guilty to the charge.

In support of the charge, the prosecution called five witnesses and tendered four exhibits. The Appellant called no witness but rested his case on that of the prosecution.

The prosecution’s case was that on Friday the 27th day of July, 2007 at Burku Village in Mallam Madori Local Government Area of Jigawa State, while Tabawa Haruna (PW2) was trashing her millet she saw Dabo (the Appellant) and Kasimu (PW1) running and heard the Appellant saying that he would kill PW1. She held both the Appellant and PW1 and later allowed both of them to depart separately.

Thereafter, PW2 heard crying in the nearby bush and on reaching there, she saw the deceased laying down, his brain coming out of his head, and his stomach swollen. According to PW1, while himself and deceased brother Muhammadu Labiru (the deceased) were sitting down, the Appellant and one other person came and started beating the deceased and PW1 with a stick.

The Appellant beat the deceased with the stick on his head and other parts of his body. The head of the deceased was broken his brain matter came out, his stomach burst and his duodenum came out. PW1 was also beaten by the Appellant who threatened to kill PW1 if he revealed to anyone the news of what he (Appellant) had done. PW 3 also who went to the scene after the incident, saw the deceased alive but his head was broken and had other injuries on his body.

The father of the deceased Hamza Amadu, (PW4) who had sent his two sons, the deceased and PW1 to rear animals on the fateful day, was then informed that there was a fight and his son (the deceased) was killed.

On reaching the scene, he met him (the deceased) laying down. PW4 picked his two sons into a truck and took them to the Hospital in Shayya, reported the matter to the District Head who advised him to report to the police. He reported to the police who followed him to take the deceased and PW1 to Hadejia General Hospital where the deceased died the following day at about 7:00pm.

The case was transferred from the Mallam Madori Police Station to the Homicide section of Dutse C.I.D. Office where Inspector Yakubu Philips, PW5 was detailed to investigate the case. PW5 recorded the statement of the accused (now Appellant) which was tendered and admitted in evidence without objection as exhibit I, the medical report as exhibit 2, two photographs as exhibits C3, and C3 (1), while the stick was admitted as exhibit 4.

At the close of evidence for the prosecution, written addresses were ordered as the Appellant who did not call evidence rested his case on that of the prosecution. In its considered Judgment delivered on 23/12/2008, the learned trial Judge found the Appellant guilty of culpable homicide punishable with death as charged and sentenced him to death by hanging.

Dissatisfied with the said Judgment, the Appellant through his Counsel Nassir Abdu Dangiri sought and was granted extension of time on the 19th June, 2013 to appeal the decision out of time. In his notice of appeal dated 8th May, 2013 and deemed properly filed on the 19/06/2013, the learned Appellant’s Counsel challenged the decision on 16 grounds of appeal.