SANI IDRISU KARMALIYA V. SOKOTO STATE
In The Supreme Court of Nigeria
On Wednesday, the 4th day of February, 1981
SC.47/1979
JUSTICES
ATANDA FATAYI – WILLIAMS Justice of The Supreme Court of Nigeria
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
MOHAMMED BELLO Justice of The Supreme Court of Nigeria
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Between
SANI IDRISU KARMALIYA Appellant(s)
AND
SOKOTO STATE Respondent(s)
FATAYI-WILLIAMS, C.J.N. (Delivering the Leading Judgment): On 6th October, 1977, in the High Court of Sokoto State, one Sani Idrisu Karmaliya (now appellant) was found guilty of culpable homicide punishable with death. The particulars of the offence showed that on the 27th January, 1977, at Tudun Wada in Gusau, he caused the death of one Mallam Uwaisu, an old man of eight-five years of age, whom he tried to rob, by beating him with a big stick, as a result of which he (Mallam Uwaisu) collapsed. He died later in hospital on that same day.
The appellant was convicted of the offence and sentenced to death. His appeal to the Federal Court of Appeal against the conviction was dismissed on the 23rd May, 1979. He has now appealed to this court. Learned counsel assigned to argue the appeal on behalf of the appellant could find nothing useful to urge on his behalf. The learned Acting Director of Public Prosecutions Sokoto State, who appeared for the respondent, was also unable to see any merit in the appeal.
Having scrutinised the record of all the proceedings myself, I am of the view that the judgment of the learned trial Judge setting out the facts as a result of which he convicted the appellant is amply supported by the evidence which he accepted, rightly in my view. There is therefore absolutely no merit in the appeal. It is accordingly dismissed and the judgments of both the High Court of Sokoto State and the Federal Court of Appeal are affirmed.
A. G. IRIKEFE, J.S.C.: The appellant herein was convicted by the trial court of homicide punishable with death. The facts are as vicious as one can find.
The appellant, so the court found, in an attempt to rob a frail old man of 85 years, dealt him a number of blows with a pestle. He was found in the act. His defence, described as an after-thought, was rightly rejected. His appeal was dismissed by the Court of Appeal, also, rightly in my view.
There is clearly no merit in this appeal and I would dismiss it and affirm the convicted and sentence as the Federal Court of Appeal did.
M. BELLO, J.S.C.: I agree the appeal has no merit whatever and that it should be dismissed. The conviction and sentence be re-affirmed.
A. O. OBASEKI, J.S.C.: I agree with counsel and the Chief Justice of Nigeria that there is nothing to urge in favour of the appellant and that the appeal be dismissed. The appellant pounded the deceased to death with a heavy pestle when he found that the man had nothing on him which he could rob him of. This was the height of wickedness.
The evidence was overwhelming as there were eye witnesses to the act of killing and the High Court, Sokoto properly and justifiably convicted him of culpable homicide punishable with death.
The appeal has no merit and the Federal Court rightly dismissed the appeal. I hereby dismiss the appeal and affirm the judgment of the Federal Court of Appeal and Sokoto High Court.
A. NNAMANI, J.S.C.: I also agree that there is no substance in this appeal. Learned counsel for the appellant is right in conceding that there is nothing to urge in law in favour of appellant. This was a cold blooded murder of the deceased – a man of 85 years – in an attempt to rob him. The learned trial Judge had considered the possibility of defences of provocation and self defence and rightly rejected them. The appeal is therefore dismissed. The judgments of the Sokoto High Court dated 6th October, 1977 and the Federal Court of Appeal, Kaduna Judicial Division, dated 23rd May, 1979 are hereby affirmed.
Appearances
H.A Odusami, Esq. For Appellant
AND
Jean Omokri, Esq., Ag. Director of Public Prosecutions, Sokoto State For Respondent
