Judgment
JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment) : This Appeal is against the Judgment of the High Court of Borno State delivered in Charge No. BOHC/25/CT12/2020 on 10th March, 2021 by A.B. Kumalia, J. It is a sister appeal to Appeals Nos. CA/G/72C/2021 and CA/G/73C/2021. The facts leading to the Appeal are that the Appellant and two others were arraigned before the Borno State High Court on a one-count charge of culpable homicide not punishable with death punishable under Section 224 of the Penal Code, Laws of Borno State.
The case against them was that one Hassan Muktar was arrested by the Police for assaulting a police officer while on duty. The Appellant, as 3rd accused person, and the 2nd accused person (PC Peter Joseph, along with one Sgt. Aminu) were detailed to arrest the deceased and PW3, Fatima Samaila (a sister to the deceased) for investigation at the Gwange Police Station. After arresting the deceased and PW3, they conveyed them to the said Police Station where the deceased was interrogated the same day.
The deceased was subsequently pronounced dead on arrival (DOA) the next day after he was taken to the hospital by the 1st accused person. Based on the statements of witnesses, especially that of PW3, the Appellant and two police officers, i.e., 1st and 2nd accused persons, were subsequently arraigned and charged before the lower Court for culpable homicide not punishable with death under Section 224 of the Penal Code, Laws of Borno State. The Appellant pleaded not guilty to the charge.
Thereafter, the Respondent adduced evidence in proof of the charge through seven (7) witnesses and nine (9) exhibits; while the Appellant and his two co-accused persons testified in their defence, called one (1) other witness and tendered one exhibit through PW7. At the close of trial and the addresses of Counsel on both sides, the learned trial Judge found the Appellant and the co-accused persons guilty as charged and sentenced each of them to seven (7) years imprisonment without an option of fine.
Dissatisfied with this decision, the Appellant filed an Appeal vide his Notice of Appeal on 17th May, 2021 wherein he complained on five (5) grounds. At the hearing of the Appeal on 18-01-22, Emmanuel Bwala Esq., adopted the submissions in the Appellant’s Brief of argument filed on 30-09-21 and settled by C.O. Toyin Pinheiro, SAN, in urging the Court to allow the Appeal and set aside the Judgment of the trial Court. On his part, K.S. Lawan, Esq, Hon.
