Judgment
JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Yobe State sitting in Gashua in Suit No. YBS/HC/GSH/09C/21 delivered on 17th March 2022, Coram: M.K. Kyari, J. Therein, the Appellant was convicted for the offences of criminal conspiracy, causing grievous hurt and culpable homicide punishable with death under Sections 97, 247 and 221 of the Penal Code of Yobe State. Irked by this decision, the Appellant filed an appeal to this Court.
A succinct account of the facts leading to the appeal is that the Appellant was arraigned before the lower Court, along with two other accused persons, on a four-count charge of criminal conspiracy, causing grievous hurt and culpable homicide punishable with death under Sections 97, 247 and 221 of the Penal Code.
For ease of reference, the charge is set out hereunder: “1ST COUNT That you Sani Bulama Garba, Isa Wakil Mamman and Dahiru Musa within the jurisdiction of this Honourable Court on or about the 29/11/2020 do commit the offence of conspiracy in that you agreed to do an illegal act, while armed with dangerous weapons you jointly agreed to commit the offence of culpable homicide punishable with death by causing the death of one Haruna Gwabi of Kurkushe Village of Jakusko LGA of Yobe State and that same act was done in pursuance of the said agreement and thereby committed an offence contrary to Section 96 and punishable under Section 97 of the Penal Code Law, Laws of Yobe State, 1994. 2ND COUNT That you Sani Bulama Garba, Isa Wakil Mamman and Dahiru Musa within the jurisdiction of this Honourable Court on or about 29/11/2020 did commit the offence of culpable homicide punishable with death in that you caused the death of one Haruna Gwabi of Kurkushe Village of Jakusko LGA of Yobe State by doing an illegal act to wit while armed with machete, bow and arrow, Dame (sic) gun and stick you jointly attacked the deceased person and shot him with Dame (sic) gun with the intention of causing his death and thereby committed an offence punishable under Section 221 of the Penal Code Law, Laws of Yobe State, 1994. 3RD COUNT That you Sani Bulama Garba, Isa Wakil Mamman and Dahiru Musa within the jurisdiction of this Honourable Court on or about 29/11/2020 commit the offence of voluntary (sic) causing grievous hurt without provocation to one Mohammed Yusuf of Kurkushe Village of Jakusko LGA of Yobe State by shooting him with an arrow on his various parts of his body and you thereby committed an offense punishable under Section 247 of the Penal Code, Laws of Yobe State, 1994. 4TH COUNT That you Sani Bulama Garba, Isa Wakil Mamman and Dahiru Musa within the jurisdiction of this Honourable Court on or about 29/11/2020 commit the offence of voluntary (sic) causing hurt without provocation to one Musa Tobe of Kurkushe Village of Kakusko LGA of Yobe State by shooting him with an arrow on his various parts of his bodies (sic) and you thereby committed an offense punishable under Section 247 of the Penal Code, Laws of Yobe State.” The Appellant and the other two accused persons all pleaded not guilty to the charge.
