Alhaji Muazu Ali V. The State (2015)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal is against the judgment of the Court of Appeal, Kaduna Division delivered on the 27th day of May, 2011. The court affirmed the conviction and sentence of the appellant by the trial court for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

By a charge dated the 9th day of February, 2005, the appellant was arraigned before the High Court of Katsina State for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

Briefly, the facts of the case were that the appellant had, on 17th April, 2004 caused the death of one Alhaji Garba Namuri by striking his head with an axe which is an offence punishable under Section 221 of the Penal Code.

At the trial, 5 (five) witnesses testified for the prosecution (respondent) and two Exhibits (A and B) being the post mortem report and the axe used respectively, were tendered in evidence. The accused/appellant testified for himself as D.W.1 and called 2 other witnesses, D.W.2 and D.W.3 but did not tender any exhibit. At the conclusion of the trial, the appellant was found guilty as charged and was convicted and condemned to death by hanging on the 19th March, 2009.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal, Kaduna Division. In its judgment delivered on 27th May, 2011 the lower court affirmed the decision of the trial court. Again the appellant was dissatisfied with the said judgment and hence the appeal now before us.

In consonance with the rules of court, briefs were filed and exchanged between parties. While the appellant’s brief was settled by Adeniyi Kazeem, Esq., that of the respondent was settled by S.B. Umar (Mrs.), the DPP Katsina State. On the 26th February, 2015, both counsel adopted and relied on their respective briefs of argument. The appellant’s counsel urged in favour of allowing the appeal while the respondent argued that same should be dismissed as it lacks merit.

The four issues raised on the appellant’s brief of argument are hereby reproduced as follows:-

A) Whether the totality of evidence placed by the prosecution before the trial court was enough to convict the appellant for the offence of culpable homicide under Section 221 Penal Code (Ground 1).

B) Whether the evidence of P.W.1 who qualifies in circumstances of the case as a tainted witness was enough to sustain a charge of culpable homicide under Section 221 Penal Code against the appellant (Ground 2).

C) Whether the Court of Appeal erred in law when it held that “in this appeal, the findings of the trial court is overwhelming and not a shred of evidence was adduced by the Appellant to dislodge the eye witness account of P.W.1 ……….” (Ground 3).

D) Whether the Court of Appeal erred in law when it held that “Even if Exhibit B the lethal weapon used was not recovered or that no forensic analysis was carried out on it, it would not have negated the findings of the trial court as to use of the axe on the deceased’s skull (Ground 1).

On behalf of the respondent, the four issues formulated by the appellant were also adopted. The appeal will therefore be determined in the order of the formulation by the appellant’s counsel. In other words, issues A and C will be taken together, while issues B and D will be considered separately and in that order.

The totality of the submission by appellant’s counsel on issues A and C can vividly be summarized in the following arguments; that the account by the appellant of the incident of 17th April, 2004 raises doubts on the Respondent’s case, hence, the respondent has not been able to establish beyond reasonable doubt that the deceased died as a result of the act of the appellant; that the eye witness account of P.W.1 principally and which was relied upon by the trial court and the Court of Appeal in convicting the appellant is unreliable because P.W.1 is not a witness of truth. Counsel therefore urged that the decision of the Court of Appeal which confirmed the sentence of the trial court on the appellant should be upturned and set aside. This, counsel submits principally because the lower court’s affirmation of the trial court’s findings that P.W.1 was a witness of truth and also a credible eye witness stem from want of proper evaluation of the evidence before that court. It is the counsel’s further submission that the appellant’s account also faults the decision of the lower court that the evidence against the appellant was overwhelming and that a shred of evidence was not adduced by him. It is counsel’s argument also that the respondent did not in any away discredit the evidence by the appellant, hence, the court should in the circumstance accept his account as the true story of the event of 17th April, 2004. The counsel cites in support the cases of Jibril v. Mil. Admin, Kwara State (2007) 3 NWLR (Pt.1021) page 357 at 383 and Alfred Aigbadion v. State (2007) NWLR (Pt. 666) page 686.