Tijani V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

UCHECHUKWU ONYEMENAM, J.C.A.

This appeal is against the judgment of the High Court of Kogi State in case No. AHC/1C/2019 delivered by A. N. Awulu, J. on 29th April, 2020.

The Appellant was charged and convicted on 2 counts charge for the offence of Criminal Conspiracy contrary to Section 97(1) of the Penal Code Law and offence of culpable homicide punishable with death contrary to Section 221 (a) of the Penal Code Law.

The Appellant, dissatisfied with the judgment of the trial Court, approached this Court by a Notice of appeal filed on 20th May, 2020. Counsel on both sides filed relevant processes as required by the rules of the Court and the Appeal was heard on 4th March, 2021.

​A. O IGEH appearing with A. A AKOR for the Appellant adopted and relied on the Appellant’s Brief of Argument filed on 4th August, 2020. He urged the Court to allow the appeal. IBRAHIM SANI MUHAMMED, SAN appearing with HABIB ABDULLAHI; MARYANN OTARU; OJOMA ETUBI; NTIMA BABIU for the Respondent adopted and relied on the Respondent’s brief of argument filed on 17th September, 2020. In the Appellant’s brief of argument settled by A. O. IGEH, ESQ., 2 issues were formulated for determination as follows:

1. Whether having regard to the evidence on record and the standard of proof, the lower Court rightly convicted the Appellant on the 2 counts of charges.
2. Whether the lower Court properly evaluated the evidence on record and whether its decision is not unreasonable, unwarranted and liable to be set aside.

​In the Respondent’s brief of argument prepared by A. W. ZAKARI, ESQ a sole issue was raised for determination thus:

Whether or not the trial Court was not right when it held that the prosecution proved beyond reasonable doubt the offences of criminal conspiracy and culpable homicide punishable with death under Sections 97 (c) and 221 (a) of the Penal Code against the Appellant.

The two issues distilled by the Appellant tantamount to the sole issue raised by the Respondent. I shall therefore resolve the sole issue formulated by the Respondent in the determination of the appeal to avoid repetitions.

SUBMISSIONS ON SOLE ISSUE

The learned counsel for the Appellant submitted that on the offence of culpable homicide punishable by death, the prosecution did not discharge the burden of proof, having failed to prove the essential ingredients of the offence of culpable homicide and consequently, the Appellant is entitled to an order of discharge and acquittal. He cited the case of KOLADE V. STATE (2017) 8 NWLR (PT. 1566) 60 at 144-115

The learned counsel conceded to the fact that Ibrahim Yakubu referred to in the charge is dead but submitted that the prosecution did not link the cause of the death of the deceased to the Appellant. He relied on: OCHE V. STATE (2007) 5 NWLR (PT. 1021) 2014; ILIYASU V. STATE (2014) 15 NWLR (PT. 1430) 245 and EKPOISONG V. STATE (2009) 1 NWLR (PT. 1122) 354.

The learned counsel analyzed the testimonies of the witnesses and submitted that the prosecution was unable to prove that no person other than the Appellant committed the offence having regard to the evidence on record.

On the offence of criminal conspiracy, the learned counsel submitted that the prosecution did not prove the essential element of criminal conspiracy against the Appellant.

​On the evaluation of evidence by the trial Court, the learned counsel contended that the trial Court failed to properly evaluate the evidence before it. It was further submitted that the trial Court failed to resolve the doubts raised on the prosecution’s evidence in favour of the Appellant.