By Admin
The Supreme Court has affirmed the conviction and death sentence imposed on a Kaduna-based man, Abu Umar, who stabbed another to death in a fight.
A five-member justices, in a lead judgment delivered by Justice Jummai-Hannatu Sankey, held that the appeal was lacking in merit.
The panel affirmed the July 22, 2020 decision of the Court of Appeal sitting in Kaduna which upheld the death sentence handed down to Umar by the High Court of Justice, Kaduna State, on Dec. 14, 2017, about nine years after conviction.
The apex court agreed with the arguments of counsel to Kaduna State Government, Emmanuel Ekpenyong Esq. of the law firm of Fred-Young & Evans LP.
In the respondent’s brief, Ekpenyong, who was granted a fiat to appear for the prosecution by the state’s Attorney General, argued that with the evidence led by the prosecution at the trial court, the prosecution had proven its case beyond reasonable doubt.
Although the Supreme Court judgment was delivered on April 17, its certified true copy (CTC) was made available to newsmen on Monday in Abuja.
It would be recalled that Abu Umar, who was the appellant, had appealed against the unanimous verdict of the Appeal Court in Kaduna which affirmed the judgment of the Kaduna State High Court in charge number: KDH/KAD/29C/2016.
The state government had preferred against the defendant a one-count charge of culpable homicide punishable with death under Section 221(b) of the Penal Code Law of Kaduna State.
Umar was alleged to have on June 25, 2015, at Tafa Town in Niger State, stabbed one Abdulkadir Abubakar, on the right side of his chest with a knife during a fight.
Abubakar was said to have died shortly thereafter in Umaru Musa Yar’adua Hospital in Sabon Wuse, Niger State, where he was immediately taken to.
The appellant was apprehended at the crime scene and taken to the police station at Tafa, Niger State.
After the investigation at the police station at Tafa Town, the matter was later transferred to Anti-Homicide Section, Kaduna State CID of the Nigerian Police Force, for further investigation.
Upon conclusion of investigation, Umar was charged at Kaduna State High Court on one count on Feb. 29, 2016 of the offence of culpable homicide and was arraigned before Justice G.I. Kurada.
In proving the charge, the prosecution called three witnesses and tendered three exhibits, including the knife which Umar allegedly used to stab Abubakar, before closing its case.
On his part, Umar, in line with his constitutionally guaranteed rights, decided to rest his case on that of the prosecution.
Thus, the defendant neither testified for himself nor did he adduce evidence through witnesses or other hard forms of evidence.
After evaluating the evidence presented before the court, Justice Kurada found Umar guilty as charged and proceeded to convict and sentence him accordingly.
Distressed by the turn of events, the appellant promptly approached the Appeal Court with his notice of appeal filed on Jan. 23, 2018.
In its judgment on July 22, 2020, the Appeal Court dismissed the appeal and upheld the judgment of the trial court.
Dissatisfied with the decision, the appellant, through his lawyer, Umar Galadima Esq., filed a notice of appeal on Aug. 19, 2020.
In his brief of argument marked: SC/CR/499/2022, Galadima raised a sole issue for determination.
The lawyer asked, “whether the learned Justices of the Court of Appeal were not wrong when they affirmed the decision of the trial court on the ground that the respondent proved its case beyond reasonable doubt.”
Delivering the lead judgment, which was unanimously concurred by other justices, Justice Sankey sustained Ekpenyong’s arguments.
She held that the prosecution, through the eye-witness’ accounts of the 2nd prosecution witness (PW2), a police officer; PW-3, the father of Abubakar, and Exhibit 1, the extra-judicial confessional statement of Umar, proved the three ingredients of the offence he was charged for.
The judge opined that “the appellant has raised a dust storm over the absence of a medical report to establish the death of the deceased.”
According to her, however, the law is since settled that where death was instant, or within a short time after, mostly within 24 hours after the incident leading to the death, the need for medical report becomes otoise.
Justice Sankey said: “In the circumstance of this case, medical evidence ceases to take a paramount place, the deceased having died a mere one hour and thirty minutes from his admission in the hospital.”
The judge held that the appellant sealed his fate and shot himself in the foot when he rested his case on that of the respondent.
“From the entire analysis of the case of the respondent at the trial court, it was clear that the prosecution had discharged the burden placed on it by law to establish the guilt of the appellant beyond reasonable doubt.
“Unfortunately, the appellant, who was all through the proceedings represented by counsel, was ill-advised to rest his case on the very evidence which conclusively established his guilt,” she said.
According to her, what it amounted to was a constructive admission of his guilt.
She said: “It is for these reasons that I resolve the sole issue for determination against the appellant and in favour of the respondent.
“Consequently, I find this appeal sorely lacking in merit. It fails and is dismissed.
“Accordingly, the decision of the court below sitting in Kaduna, in appeal number: CA/K/370/C/2018 delivered on July 22, 2020, which affirmed the conviction and sentence of the appellant by the High Court of Justice, Kaduna State in charge number: KOH/KAD/29C/2016 delivered on December, 14, 2017, is hereby affirmed.”
