CASE TITLE: BABARE v. KANO STATE (2026) LPELR-83922(SC)
JUDGMENT DATE: 8TH MAY, 2026
PRACTICE AREA: EVIDENCE
LEAD JUDGMENT: JAMILU YAMMAMA TUKUR, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This appeal is against the judgment of the Court of Appeal delivered on 21st day of December, 2018, in Appeal No. CA/K/302c/C/2018 wherein the appeal of the Appellant was dismissed and the judgment of the trial Court convicting and sentencing the Appellant to death by hanging was affirmed.
The Appellant (together with 8 others) were arraigned before the trial Court on 3 counts including the offences of conspiracy, and Culpable Homicide punishable with death. In proving its case before the trial Court, the Prosecution called four (4) witnesses. The Appellant neither testified in his own defence nor called any witness. Before the trial Court, PW2 one Idris Umaru, testified as an eyewitness that he saw the Appellant and some of the other accused persons when they attacked his late father. It was his evidence that he knew the Appellant prior to the incident and was able to recognize him at the scene of the crime on the alleged dates.
It also formed part of the evidence of this witness that he was attacked by the Appellant and his co-accused persons, during which he sustained injuries. After reporting the incident at the Police Office, he was first taken to the hospital where he received treatment. Upon their return to the police station, the police informed them that they could not proceed to the scene that night for it was already late, but requested the uncle of PW2, one Muhd Bello, to go and check whether the victim was still alive. On getting to the scene, he discovered only the lifeless body of the deceased. The following morning, the corpse was taken to the hospital, where he was confirmed dead. In the end, the trial Court found the Appellant guilty, convicted him, and sentenced him to death by banging.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal, which dismissed the appeal and affirmed the judgment of the trial Court. Still dissatisfied, the Appellant appealed to the Supreme Court.
ISSUES FOR DETERMINATION:
The Court considered the following issues:
1. Whether the learned justices of the Court of Appeal were right when they held that there was no evidence to show that the appellant made a statement to the police that was not tendered by the Respondent before the trial Court. If the answer to the above is in the negative, whether the Appellant’s right to fair hearing was not violated thereby.
2. Whether the learned justices of the Court of Appeal were right when they held that aside from Exhibits E8 there were other credible evidence that could sustain the conviction of the Appellant.
DECISION/HELD:
The appeal was dismissed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Circumstances where the defence of alibi would not avail an accused person
- EVIDENCE- CROSS-EXAMINATION: Essence/purpose of cross examination; effect of failure to discredit fact(s) led by a party in evidence through cross examination
- EVIDENCE- EVIDENCE OF AN EYE WITNESS: Status of the evidence of an eye witness
- EVIDENCE- EVIDENCE OF AN EYE WITNESS: Who is an eye witness
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