Culpable Homicide: Why Abu Umar must die—S’Court

The Supreme Court has affirmed the death sentence imposed on Abu Umar for fatally stabbing Abdulkadir Abubakar during a fight, holding that the prosecution proved the charge against him beyond reasonable doubt.

Umar was prosecuted for culpable homicide punishable with death under Section 221(b) of the Penal Code Law of Kaduna State.

Delivering the lead judgment, Justice Jummai-Hannatu Sankey held that the prosecution established all the essential ingredients of the offence through the testimony of the witnesses, including the investigating police officer and the deceased’s father, as well as Umar’s extra-judicial confessional statement.

The justice also rejected the argument that the absence of a medical report was fatal to the prosecution’s case.

He held that where death occurs immediately or within a short period after the infliction of injuries, medical evidence is not indispensable to prove the cause of death.

“In the circumstances of this case, medical evidence ceases to take a paramount place, the deceased having died a mere one hour and thirty minutes after his admission in the hospital,” he held.

Justice Sankey further observed that Umar weakened his own case by relying entirely on the prosecution’s evidence without presenting any defence.

“The prosecution discharged the burden placed on it by law to establish the guilt of the appellant beyond reasonable doubt.

“Unfortunately, the appellant, who was represented by counsel throughout the proceedings, was ill-advised to rest his case on the very evidence that conclusively established his guilt.

“For these reasons, I resolve the sole issue for determination against the appellant and in favour of the respondent.

“Consequently, I find this appeal sorely lacking in merit. It fails and is dismissed,” the justice held.

Bar & Bench Watch reports that the prosecution alleged that on June 25, 2015, at Tafa Town in Niger State, Umar stabbed Abdulkadir Abubakar on the right side of his chest with a knife during a fight. Abubakar later died at Umaru Musa Yar’Adua Hospital, Sabon Wuse, where he was taken for treatment.

Umar was arrested at the scene and initially taken to the police station in Tafa before the case was transferred to the Anti-Homicide Section of the Kaduna State Criminal Investigation Department for further investigation.

Following the conclusion of investigations, he was arraigned on February 29, 2016 before Justice G. I. Kurada of the Kaduna State High Court on a one-count charge of culpable homicide.

At the trial, the prosecution called three witnesses and tendered three exhibits, including the knife allegedly used in the stabbing.

Umar elected to rest his defence on the prosecution’s case and neither testified nor called any witnesses.

After evaluating the evidence, Justice Kurada found him guilty and sentenced him to death.
His appeal to the Court of Appeal was dismissed on July 22, 2020.

Still dissatisfied, Umar further challenged the unanimous judgment of the Court of Appeal, which affirmed the decision of the Kaduna State High Court in Charge No. KDH/KAD/29C/2016.

In the appeal before the Supreme Court, Umar’s counsel, Umar Galadima, raised a sole issue for determination, questioning whether the Court of Appeal was right in holding that the prosecution had proved its case beyond reasonable doubt.

In response, Emmanuel Ekpenyong, counsel to the Kaduna State Government, argued that the evidence presented by the prosecution at the trial established Umar’s guilt beyond reasonable doubt.

Ekpenyong, who was granted a fiat by the Kaduna State Attorney General to prosecute the appeal, urged the apex court to dismiss the appeal and affirm the concurrent findings of the two lower courts.

Agreeing with his submissions, the Supreme Court upheld the July 22, 2020 judgment of the Court of Appeal, which had affirmed the December 14, 2017 decision of the Kaduna State High Court sentencing Umar to death for culpable homicide.

The judgment reinforces the settled legal principle that medical evidence is not indispensable where credible evidence clearly establishes the cause and timing of death.