Abdullahi Nasiru V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment)

The Appellant was arraigned, tried unto conviction and sentenced to death by the High Court of Zamfara State sitting at Gusau in the Gusau Judicial Division on the 19th day of December, 2014 for the offence of Culpable Homicide Punishable with death for unlawful killing of one Haruna Dahiru (hereinafter referred to as the deceased) on the 22nd day of October, 2006 at Magami within the Gusau Judicial Division by hitting the said deceased with a stick which resulted in his death; an offence punishable under Section 221 of the Penal Code.

The sordid facts giving rise to this case in which five (5) witnesses testified for the prosecution are as follows:

On the 22nd day of October, 2006 at Magami within the premises of a Mosque some commotion ensued between two factions of a political party, to wit; the ANPP. The Appellant, who was a member of one the factions called ?Adadidaita Sahu? had altercations with one Sule, a member of the rival ?Gaskiya Dokin Karfe? faction. The deceased, also a member of the ?Gaskiya Dokin Karfe?

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faction, in trying to ensure that the quarrel did not de-generate into a free for all fight between the factions, intervened and while in the process of resolving the fracas, the PW1?s evidence was that the Appellant left Sule, the person with whom he had picked up quarrel and hit the deceased with a stick on the head. The deceased bled profusely and had to be taken to Magami Hospital before he was transferred to the Gusau General Hospital where he died the next day being the 23rd day of October, 2006.

?The accused person?s Statement was recorded in Hausa language with its English translation and was received in Evidence as Exhibits ?A1-3?. Dr. Mustapha Mohammed who examined the deceased at the Gusau General Hospital testified as the PW5. He said that at about 6:45am his attention was drawn to the deceased who had earlier on been admitted at the Male Medical Surgery; that he was at the time deeply unconscious with a wound on the left side of his head covered with a plaster. According to the witness he instituted several resuscitation measures to make him regain consciousness to no avail and that all resuscitation measures having

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proved abortive, the deceased was certified clinically dead at 7am. A Medical Report dated the 6th day of November, 2006 and written by the PW5 was admitted in evidence as Exhibit ?B?.

The Appellant in its defense, in one breadth rested its case on that of the prosecution and in another breadth learned Appellant?s Counsel in its address sought refuge under the defense of Self Defense. But in what appears a most painstakingly considered judgment, the trial Court roundly rejected the Appellant?s defenses as they would in the lower Court?s view not avail the Appellant. It therefore proceeded to convict and sentenced the Appellant to death. The Appeal herein is against that Judgment.

A Further Amended Notice of Appeal dated the 31st day of March, 2016 was filed on the 4th day of April, 2016. There were three (3) Grounds of Appeal filed, shorn of their particulars are reproduced as follows;

GROUNDS OF APPEAL

1. The decision of the trial Court is unreasonable, unwarranted and cannot be supported having regard to the Evidence adduced at the trial.
2. The learned trial judge erred in law when he rejected the

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defense of Self Defense put up by the Appellant and which is obvious from the totality of Evidence led by the prosecution and the defense.