Shuaibu Abdu V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the Judgment of Court of Appeal Kaduna division (“the Lower Court”) delivered on 21st February, 2014 which affirmed the judgment of Jigawa State High Court of Justice (hereinafter called the trial Court)

The appellant was arraigned before the trial High Court on allegation of causing the death of his wife Binta, on 30th April, 2007 at Falgore village in Jahun Local Government of Jigawa State by matchetting her to death on the head, contrary to Section 221 of the Penal Code of Jigawa State.

At the trial, the prosecution called five witnesses and tendered some exhibits in order to prove its case, while the appellant did not give evidence or call any witness but instead, he rested his case on that of the prosecution/respondent.

Both parties at the end of the trial, waived their rights of address. In the end, the trial Court found the appellant guilty as charged and sentenced him to death.

Dissatisfied with the judgment of the trial Court, the appellant filed an appeal before the Lower Court which heard his appeal and

1

affirmed the judgment of the trial Court. Further aggrieved with the judgment of the Lower Court, the appellant has now appealed to this Court by filing a notice of appeal containing nine grounds of appeal.

In keeping with the rules and practice in this Court, parties filed and exchanged briefs of argument. The appellant’s brief of argument settled by Nassir Abdu Dangiri was filed on 3rd of July, 2014 wherein, one issue was raised by him for the determination of the appeal. The lone issue for determination raised by the appellant in his brief of argument reads thus:-

“Whether the learned Justices of the Lower Court were right in affirming the death sentence passed on the appellant by the trial Court after holding that the learned trial judge completely abdicated its responsibility and did not approach the task of determining the guilty of the appellant with any sense of duty and did not appear to know what he was doing.”

On his part, the respondent also formulated lone issue for the determination of this appeal as reproduced hereunder:-

“Whether considering the evidence adduced before the trial Court, the learned Justices of the Lower Court

2

were right in dismissing the appeal of the convict/Appellant and affirming the judgment of the High Court of Jigawa State in Suit No.JDU/24C/2007 delivered by Honourable Justice A. M. Nakullum on the 24th of September, 2008 convicting the appellant for the offence of culpable homicide punishable with death”