Makana Dada V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

The Appellant was arraigned and prosecuted at the High Court of Justice of Kebbi State, sitting at Birnin Kebbi in Bimin Kebbi Judicial Division for the offence of Culpable Homicide punishable with death contrary to Section 221(b) of the Penal Code, and was convicted and sentenced to death by hanging having been found guilty of causing the death of one Mrs. Talina Ganya on 1st March 2002.

FACTS OF THE CASE

The Appellant was alleged to have dealt machete’s cuts on the deceased person Mrs. Talina Ganya on or about the 1st day of March 2002 which lead to her death on or about the same 1st day of March, 2002, Appellant pleaded not guilty to the charges. In proof of its case, the prosecution called three witnesses and tendered two (2) Exhibits namely, the confessional statement of the accused/appellant and the medical or post mortem report on the deceased victim. For his defence, the Appellant testified on his own behalf without calling any witness or tendering any Exhibit.

At the end of the trial the learned trial Judge on 31/7/2003 in his considered Judgment found the

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Appellant guilty as charged, convicted and sentenced him to death by hanging under Section 221(b) of the Penal Code.

Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court of Appeal vide Notice and Grounds of Appeal dated 5th December, 2005, containing two (2) Grounds of Appeal. In its considered Judgment, delivered on the 9th day of December, 2011, the Court of Appeal found the appeal of the Appellant without merit, it accordingly dismissed same, and affirmed the Judgment of the trial Court dated 31/7/2003 – convicting and Sentencing the Appellant to death by hanging.

It is from this decision of the Court of Appeal, affirming the conviction and sentence of the Appellant for culpable Homicide punishable with death, that this further appeal to this Court has arisen – Learned counsel for the Appellant filed his Notice of Appeal to this Court on the 9th of January, 2012. From the two (2) Grounds of appeal contained therein, the learned counsel for the Appellant filed the Amended Appellant’s Brief of Argument on the 13th of January, 2017, but deemed as properly filed on the 5/10/2017, and formulated the lone issue for

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determination as follows:

“Whether the Court of Appeal was right in affirming the conviction of the appellant for culpable homicide punishable with death having regard to the evidence before the Court.”

On its part; the Respondent; in its Brief of Argument; filed on the 18/12/2013; but deemed properly filed on the 5/10/2017, adopted the lone issue as proposed by the Appellant for the determination of the appeal.

In arguing the lone issue for the determination of the appeal, learned counsel for the Appellant took a swoop on what the Law requires for the prosecution; to establish for the offence of culpable homicide punishable with death. Learned counsel cited the decisions of this Court in both MICHAEL vs THE STATE (2008) 9 MJSC page 61 at 63, and KADA VS THE STATE (1991) 8 NWLR (pt. 208) 134 at 136.