The Supreme Court has assented to the decision of the Court of Appeal, which ordered the retrial of a man, Yahaya Ibrahim, convicted and sentenced to death for culpable homicide by a Kano State High Court.
The apex court held that the Appeal Court sitting in Kaduna was “right in so holding and ordering that the appellant be made to face a fresh trial to offer his plea since his plea was not taken on the amended charge.”
The five-man panel of justices, in a unanimous judgment delivered by Justice Tijjani Abubakar, dismissed Yahaya’s appeal filed by his lawyer, Emmanuel Ekpenyong, seeking his discharge of the offences following the appellate court’s judgment that he was not properly arraigned.
At the High Court, Yahaya was charged alongside eight other co-accused persons on a three-count charges of conspiracy, culpable homicide punishable with death and causing hurt.
The offence is said to be contrary to Sections 221(b), and 241 of the Penal Code (cap 105) laws of Kano State of Nigeria, respectively.
In count two, Saidu Umar, Salmanu Haruna, Idris Umaru, Yahaya Ibrahim, Saleh Muazu, Umaru Abubakar, alias Mai Mota; Muazu Garba alias Kabel; Ath Sule Garba alias Alh Maza; Lawal lro, now at large, and Adamu Babare, now at large, male adults of Garin Babba Village, Garin Mallam Local Government Area of Kano State, were accused of committing the offences.
The State had alleged that the suspects, on or about Nov. 3, 2011, at Garin Babba Village, did commit culpable homicide punishable with death, in that they caused the death of Alhaji Sabo Jae by attacking him while he slept, with sticks and swords with the intention of causing his death.
The offence is said to be punishable under Section 221 of the Penal Code (Cap 105) Laws of Kano State of Nigeria, 1991.
They were also alleged to have, on or about Nov. 3, 2011, at about the same time, attacked and beaten Idris Muhammad Jae as a result of which he sustained serious injuries.
The offence is said to be contrary to Section 241 (g) of the Penal Code Cap 105) Laws of Kano State of Nigeria, 1991.
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