Supreme Court orders retrial of Yahaya Ibrahim in culpable homicide case

The Supreme Court has upheld a judgment of the Court of Appeal ordering a retrial of Yahaya Ibrahim, who was sentenced to death by a Kano State High Court for culpable homicide.

In a unanimous decision delivered by Justice Tijjani Abubakar, a five-member panel of the apex court dismissed Yahaya’s appeal for lacking merit.

The court affirmed that the appellant must face a fresh trial since his plea was not taken on the amended charge at the initial trial.

Yahaya was previously convicted alongside eight others for the death of Alhaji Sabo Jae, who was attacked while asleep on November 3, 2011, in Garin Babba Village, Kano State.

They were accused of using sticks and swords in the attack, resulting in charges of conspiracy, culpable homicide punishable by death, and causing grievous harm.

The offences fall under Sections 221 and 241 of the Kano State Penal Code.

Although the trial court convicted and sentenced them to death in 2014, Yahaya appealed the ruling. The Court of Appeal in Kaduna, on March 26, 2019, nullified the trial and ordered a retrial before another judge due to procedural irregularities—specifically, that Yahaya’s plea was not properly recorded.

Yahaya, through his counsel Emmanuel Ekpenyong, further challenged this decision at the Supreme Court, arguing that a retrial was unjust and unnecessary given the time already spent in detention since 2011, the absence of solid evidence against him, and the destruction of key exhibits by insurgents.

Ekpenyong contended that the prosecution failed to establish Yahaya’s role in the crime, adding that the so-called confessional statement was obtained under duress and had no probative value.

He argued that the conditions justifying a retrial were absent and urged the court to discharge and acquit his client.

However, Kano State’s counsel, Haruna Mohammed, maintained that the appellate court acted within its powers by ordering a retrial, considering that the initial trial was rendered a nullity due to improper arraignment.

Justice Abubakar, in the final ruling, stated that the trial court’s failure to properly arraign the appellant violated constitutional and procedural laws, thereby justifying the order for a retrial. He concluded:

“The appeal is patently lacking in merit and is hereby dismissed. The judgment of the lower court delivered on March 26, 2019, is affirmed.

The appellant is hereby ordered to return to the trial court for retrial.”

The case now returns to the Kano State High Court for a fresh hearing.