Sani Idrisu Karmaliya V. Sokoto State (1981)

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FATAYI-WILLIAMS, C.J.N. 

: On 6th October, 1977, in the High Court of Sokoto State, one Sani Idrisu Karmaliya (now appellant) was found guilty of culpable homicide punishable with death. The particulars of the offence showed that on the 27th January, 1977, at Tudun Wada in Gusau, he caused the death of one Mallam Uwaisu, an old man of eight-five years of age, whom he tried to rob, by beating him with a big stick, as a result of which he (Mallam Uwaisu) collapsed. He died later in hospital on that same day.

The appellant was convicted of the offence and sentenced to death. His appeal to the Federal Court of Appeal against the conviction was dismissed on the 23rd May, 1979. He has now appealed to this court. Learned counsel assigned to argue the appeal on behalf of the appellant could find nothing useful to urge on his behalf. The learned Acting Director of Public Prosecutions Sokoto State, who appeared for the respondent, was also unable to see any merit in the appeal.

Having scrutinised the record of all the proceedings myself, I am of the view that the judgment of the learned trial Judge setting out the facts as a result of which he convicted the appellant is amply supported by the evidence which he accepted, rightly in my view. There is therefore absolutely no merit in the appeal.

It is accordingly dismissed and the judgments of both the High Court of Sokoto State and the Federal Court of Appeal are affirmed.

SC.47/1979