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The Supreme Court on Monday upheld the lower court judgment ordering a retrial of a man, Yahaya Ibrahim, who was sentenced to death for culpable homicide.
The state government arraigned Yahaya alongside eight others on a three-count charge of conspiracy, culpable homicide punishable with death and causing hurt at the Kano State High Court.
The government alleged that the suspects on November 3, 2011, at Garin Babba Village caused the death of Alhaji Sabo Jae by attacking him while he slept, with sticks and swords.
Justice Tijani Abubakar sentenced the convicts to death on June 30, 2014.
Dissatisfied with the judgment, Yahaya filed an appeal at the Court of Appeal, Kaduna.
The Court of Appeal on March 26, 2019, allowed Yahaya’s appeal and ordered a retrial before another judge other than Justice Aliyu who convicted him.
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Unhappy with the appellate court’s ruling, the convict approached the Supreme Court to set it aside.
In his amended appellant’s brief of argument marked: SC/1052°/2019, and filed February 2025, he asked the apex court to determine “whether in the circumstances of this case, the justices of the Court of Appeal were order a fresh trial when the factors to order a fresh trial do not co-exist in this case.”
In Monday’s proceeding, a five-man panel of the Supreme Court dismissed Yahaya’s appeal for lack of merit.
In a unanimous judgment delivered by Justice Tijjani Abubakar, the apex court held that the appellate court was “right to order a fresh trial since his plea was not taken on the amended charge.”
The panel, therefore dismissed Yahaya’s appeal filed by his lawyer, Emmanuel Ekpenyong, seeking his discharge of the offences.
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