The Supreme Court yesterday discharged and acquitted Yusuf Musa who was convicted of murder at the age of 12.
Delivering judgment, Justice Ejembi Eko held that the appeal had merit.
Eko, who read the lead judgment prepared by Justice Olukayode Ariwoola, said both the Jigawa High Court and the Court of Appeal Kaduna, should have handled the matter better than they did.
According to him, no legal precedence supports the decision of the court of appeal which orders the detention of the appellant at the pleasure of the state governor.
He also said sufficient evidence was not adduced to warrant the conviction and sentencing of a minor to death by hanging.
According to him, the court of appeal had done well to have dismissed the death sentence, but was wrong to have ordered the indefinite detention of the appellant.
“The appeal is meritorious and therefore, the appellant is discharged and acquitted,’’ the judge said.
The appeal was against the judgment of the Court of Appeal, Kaduna, delivered on June 27, 2014.
The News Agency of Nigeria (NAN) reports that the appellant had in a deposition claimed that he only used a stick meant for the rearing of his father’s cattle to safeguard his life.
He said the deceased, also a cattle rearer, had vigorously hit him multiple times with a similar stick to avenge for a fight he (Musa) had with his younger brother the previous day.