Sama’ila V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

On 22/10/2009, at Hadejia Town, Hadejia Local Government Area, Jigawa State, a little girl was rescued from drowning in a river, and she was handed over to the Appellant, who said he was her father. On the same day, one Tanimu Mohammed reported to the Police that his six-year-old daughter, called Hadiza, was missing.

Four days later on 26/10/2009, based on information received by the Police, Appellant was arrested and he led the Police to where the partially decomposed body of a little girl was found, with the two eyes, heart and other organs removed, and Tanimu Mohammed identified the body to the Coroner as that of his daughter.

The Appellant was arraigned before the High Court of Jigawa State on a two-Court Charge of Kidnapping punishable under Section 273 of the Penal Code and culpable homicide punishable with death under Section 221(a) of same Code.

He pleaded not guilty to the Charge and to prove its case, the Prosecution called five witnesses. The first three testified as to how PW1, Yakubu Ibrahim, had saved the deceased from drowning, and handed her over to the Appellant. The father of the deceased testified as PW4, and the Investigating Police Officer, Sergeant Ibrahim Abdullahi, who testified as PW5, tendered the Statements made by the Appellant to the Police in evidence. Defence Counsel informed the Court that ‘‘the Accused Person said he did not sign the Statement and that he did not even give any Statement”. In overruling the Objection, the trial Court held that –

The Statements are admitted in evidence as it is relevant under Section 6 of the Evidence Act. The weight to be attached to it would be considered by the Court in view of the Accused Person’s observation on the Statement. They are to be marked Exhibit A & B respectively.

In Exhibit B, English translation of his Statement recorded in Hausa [Exhibit A], the Appellant stated that he and one Ado Roki, were contracted by one S/Jeji Abdullahi Abubakar, to supply him with human eyes and heart, and he was given N5,000 balance of the contract sum of N10, 000. He further stated as follows –

After one day, I took passenger from market to Gulamri area where I saw Hadiza and took her on my motor cycle … I told her that I will take her to their house because I know the house – – I took her to the bush. On the way, she fell down and run entered (sic) river, I inform one Yakubu Fisherman to removed (sic) her from the river, after he removed her, he handed over her to me. I took her to the bush and killed removed her two eyes and went away, I removed her eyes with a knell (sic). On the same date – -I went and inform Ado Roki, I took him to the scene on my motorcycle, he use a knell (sic) also and cut her stomach and removed her heart and some part – – On the same date at about 2000 hrs, I took the two eyes to S/Jeji Abdullahi Abubakar, he gave me N5,000 because the contract was N10, 000 – – After four days, I met with Ado Roki – – he informed me that he took the Hadiza pad to the S/Jeji Abdullahi Abubakar. After I committed the offence, I was in the market, Policemen went and arrested me and took me to the Police Station – – Actually, I committed the offence and S/Jeji assigned me for the contract at the rate of N10,000.

All efforts to ‘‘secure the attendance” of the Medical Officer, who examined the body of the deceased at the Hadejia General Hospital, “proved abortive”, and the Medical Report was tendered from the Bar. With no objection from the Defence, the Medical Report issued by one Dr. Oyinloye Gbolahan Damilola on 26/10/2009, was admitted in Evidence as Exhibit C. In Exhibit C, the Medical Officer stated:

Corpse examined in state of partial decomposition. Cause of death could not the ascertained. Missing organs – Eyes and heart from the corpse.

The Appellant testified in his defence as DW1, and did not call any other witness. He said the testimonies of the Prosecution Witnesses were “not true”, that he was beaten up by the Police, and a Police Officer pressed a car tyre on his head and told him to admit that he committed the offences. He further testified as follows:

There was a conflict between me and Prosecution Witnesses over a farmland and they vowed to destroy me. We no longer talk to each other with the Prosecution Witnesses, who are relations with each other. I don’t know anything about their allegations. They just fabricated lies against me. I did not mutilate or harm the girl. I am speaking the truth to the Court and nothing but the truth.

In his Judgment delivered on 22/3/2011, the learned trial Judge, Sambo, J., held:

I have found from the totality of the evidence before me without doubt that the Accused Person caused the death of the victim (Hadiza Hussaini) as described in Exhibit C. From the cause of death described therein and the state of the corpse, I believe the Accused Person knew that death would be the probable consequences of his acts when he plucked out the victim’s eyes, heart and other body organs with a nail. All the ingredients for the proof of offence of kidnapping have been proved by the Prosecution. It has been proved that the deceased (victim) was a minor, who the Accused lured away from the custody of PW4, her father (guardian) without his consent before he killed her afterwards. I am therefore convinced beyond reasonable doubt that the Accused Person committed the offence of culpable homicide and kidnapping – – The Convict is therefore sentenced to 10 years imprisonment and a fine of N10,000.00 for the offence of kidnapping. For the offence of culpable homicide, he is sentenced to death by hanging until he dies. May God have mercy on his soul.