Abdullahi Ada Vs The State (2008)

LAWGLOBAL HUB Lead Judgment Report

I.F. OGBUAGU, JSC.

This is an appeal against the decision of the Court of Appeal, Kaduna Division delivered on 10th December, 2003 dismissing the appeal of the Appellant and affirming his conviction and sentence of death by the High Court of Kebbi State in Birnin Kebbi Judicial Division presided over by Ambursa, J. on 24th February, 2000.

Dissatisfied with the decision, the Appellant who was the 4th accused person, has appealed to this Court on three (3) grounds of appeal which without their particulars, read as follows:

GROUND ONE

“The learned Justices of the Court of Court of Appeal erred in law in confirming the conviction and sentence of the appellant in spite of the fact that the trial court failed to consider and examine the defences open to the Appellant on the record before convicting the Appellant as charged.

GROUND TWO

The Court of Appeal erred in law when in dismissing the appeal of the Appellant it held that the Appellant failed to call evidence in support of the defences available to him nor pinpoint the elements constituting such defences.

GROUND THREE

The learned Justices of the Court of Appeal erred in law and occasioned a miscarriage of justice to the Appellant when they failed to confine themselves and resolve the only issue formulated by the Appellant for determination before them but instead, suo motu raised and considered an entirely different issue without affording the Appellant any opportunity to be heard on the said issue before using same as a basis to dismiss the appeal of the Appellant”.

For the avoidance of doubt, I will reproduce verbatim, the facts of this barbaric, heartless and most wicked slaughtering of the deceased by the six (6) accused persons including the Appellant as stated in the Appellant’s Brief which facts, have been adopted by the Respondent in its Brief. They read as follows:

“1:1. On or about the 14th day of July 1999, it was rumored (sic) in Randali and Kardi villages within Birnin Kebbi Local Government Area ofKebbi State that one Abdullahi Alhaji Umaru of Randali village (now deceased) defamed Holy Prophet Mohammed (SA W). Accordingly, some Moslem fanatics arrested the deceased at Kardi village and kept him in the custody of Suleiman Dan Ta Annabi who was the 6th Accused person in the trial court as well as in the custody of one Mohammed Sani (the 3rd Accused before the trial court). Meanwhile, one Musa Yaro – the 1st Accused in the court of trial in conjunction with Usman Kaza (the 2nd Accused in the court of trial) as well as the Appellant (the 4th Accused in the court of trial) went to intimate the village head of their intention to met out the prescribed punishment on the deceased for defaming the name of Holy Prophet Mohammed (SA W). The village Head never gave any answer to them.

1:2. Subsequently, the said Musa Yaro, Usman Kaza and the ‘Appellant returned to the outskirt of Kadi (sic), village where the deceased was being held captive by Suleiman Dan Ta Annabi and one Mohammed Sani and on getting there, Musa Yaro read a portion ofRisala to the effect that the punishment of any one who defame Holy Prophet Mohammed (SA W) is death. Following this recitation, Mohammed Sani matched the deceased on the neck and he fell down. Abubakar Dan Shalla (the 5th Accused in the court of trial) used a knife and slaughtered the deceased by the neck and the deceased died on the spor.t (sic) Thereafter, everybody dispersed from the scene.

1:3. Subsequently, all the persons who participated one way or the other in the alleged crime were arrested by the police and taken to C.I.D, office at Birnin Kebbi. At the end of police investigation into the alleged offence, the Appellant and 5 others were arraigned before the High Court of Justice Birnin Kebbi – Kebbi State of Nigeria presided over by Hon. Justice Mohammed Suleiman Ambursa on counts of Criminal conspiracy, Abetment and Culpable Homicide punishable with death contrary to sections 97, 85 and 221 (a) respectively of the Penal Code. The Appellant was the 4th Accused person before the trial court.

1:4. In the course of trial, the prosecution called 8 witnesses in proof of the alleged offences while the Appellant rested his case on that of the prosecution – see pages 41 – 56 of the record. Thereafter the Counsel to the respective parties addressed the court (see pages 56 – 61 of the record) and on the 24th day of February 2000, the learned trial Judge delivered his judgment and found the Appellant guilty of criminal conspiracy, abetment and culpable Homicide punishable with death contrary to sections 97, 85 and 221 (a) of the Penal Code respectively. The Appellant was therefore sentenced to death by the trial court.