CaseLaw
On or about the 14th day of July 1999, it was rumored in Randali and Kardi villages within Birnin Kebbi Local Government Area of Kebbi State that one Abdullahi Alhaji Umaru of Randali village (now deceased) had defamed the Holy Prophet Mohammed (SAW). Consequenly, some Moslem fanatics arrested the deceased at Kardi village and kept him in the custody of Suleiman Dan Ta Annabi (6th Accused person at the trial Court) and one Mohammed Sani (the 3rd Accused person). Meanwhile, Musa Yaro (1st Accused person), in conjunction with Usman Kaza (the 2nd Accused person) as well as the Appellant (4th Accused person) went to intimate the village head of their intention to met out the prescribed punishment on the deceased for defaming the name of the Holy Prophet. The village head never gave them any response.
Subsequently, the said Musa Yaro, Usman Kaza and the Appellant returned to the outskirt of Kadi village where the deceased was being held captive and on getting there, Musa Yaro read a portion of Risala to the effect that the punishment of anyone who defamed the Holy Prophet Mohammed (SAW) was death. Following this recitation, Mohammed Sani macheted the deceased on the neck and he fell down. Abubakak Dan Shalla (5th Accused) used a knife to slaughter the deceased by the neck and the deceased died on the spot. Thereafter, everybody dispersed from the scene.
All participants in the alleged crime were eventually arrested by the police. At the end of police investigation, the Appellant and five others were arraigned before the High Court on charges of criminal conspiracy, abetment and culpable homicide contrary to Sections 97, 85 and 221(a) respectively of the Penal Code and punishable with death, the Appellant was the 4th accused person before the trial Court. At the end of trial, the learned trial Judge delivered judgment and found the Appellant quilty as charged. He was therefore sentenced to death.
The Court of Appeal, Kaduna Division, dismissed the Appellant's appeal and affirmed his conviction and sentence. He subsequently appealed to the Supreme Court.