Culpable Homicide: Court Of Appeal Upholds Death Sentence On Gawoni

Umar Akilu Majeri

The Court of Appeal Kano Division on Friday 30th April 2021 affirmed the judgment of the High Court of Justice Jigawa State which sentenced one Badamasi Gawoni and one other to death by hanging.

 

The judgment of the Court of Appeal was delivered through a virtual proceeding (zoom conference) by Justice Abubakar Lamido as contained in a statement signed by the Public Relations Officer of the Ministry, Zainab Baba Santali, and issued to the media in Dutse.

 

According to the statement, justice Lamido found that the decision delivered on 24th February 2020  by Justice Abubakar Muhammad Sambo of the Jigawa High Court, was meritorious.

 

Therefore the Court upheld the judgment against the appellant and dismissed his appeal as it lacks merit.

 

The facts of the case were that on 19th January 2019 at about 11:00 pm the appellant along with another person conspired and used sticks to cause injury on the head of one Magaji Musa (Deceased) at Sabuwar Rijiya Fulani Camp.

 

The victim was taken to Garki Hospital for treatment and later transferred to Gumel General Hospital and subsequently to a hospital in Kano where he died two days after the incident.

 

During the proceedings in Jigawa High Court, the prosecution counsel called three witnesses and tendered a confessional statement of the appellant in proof of the allegation. And the appellant testified in defence and called another witness who testified in his favour.

 

At the end of the trial,  Justice Abubakar Muhmmad  Sambo sitting at the High Court of Jigawa State in Gumel convicted and sentenced the appellant and the co-accused person to death by hanging for Criminal Conspiracy and culpable Homicide Punishable with death contrary to sections 97(1) and 221(1) of the Penal Code, Laws of Jigawa State, 2012 (As Amended).