Christopher V. State (2022)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This appeal is against the judgment of the Court of Appeal, Abuja Judicial Division wherein the Court dismissed the Appellant’s appeal against the judgment of the High Court of Niger State which found the Appellant guilty of culpable homicide punishable with death under Section 221 of the Penal Code.

BRIEF STATEMENT OF FACTS

The lone count upon which the Appellant was tried and convicted at the trial Court is as follows:

“That you Friday Christopher, on or about the 7th day of September, 2013 in Korokpa village via Chanchaga within Minna Judicial Division committed the offence of Culpable Homicide punishable with death to wit: while Charity Emmanuel and Miracle Emmanuel were sleeping in the room at Korokpa village via Chanchaga LGA of Niger State, you Friday Christopher carried Miracle Emmanuel out of the bedroom to parlour and strangled her with your hand which you knew death would be the probable and not only a likely consequence of the act and you thereby committed an offence punishable under Section 221 of the Penal Code.”

​In a bid to prove the charge, the Respondent called two witnesses and tendered the Appellant’s confessional statements as exhibits A and B. The Appellant on his part, called four witnesses, including himself and tendered no exhibit.

The case of the prosecution was that on 6th September, 2013, one Charity Emmanuel, the Appellant’s aunt came with an 18 months old baby Miracle Emmanuel from Kaduna to visit the Appellant’s mother, Monicah Christopher in Minna, Niger State at her home where the Appellant also resides. On the first night she spent with them, the deceased, Miracle Emmanuel was crying throughout the night and this prevented them from sleeping. The following day, in the night, the Appellant took the baby from the room where she was and strangled her to death. It was the Respondent’s case that the Appellant left the house after committing the offence and was found in a nearby bush.

​The Appellant on his part denied committing the offence. His case was that he was with DW2 on 7th September, 2013 to dig a soakaway pit and that DW2 left when the person who asked them to dig the pit did not show up, but he stayed behind. The Appellant stated further that he was at the place where they were to dig the soak away pit when the police came to arrest him.

At the conclusion of trial and after the adoption of final addresses, the learned trial Judge delivered a considered judgment wherein he found the Appellant guilty and sentenced him accordingly. Aggrieved by the judgment of the trial Court, the Appellant appealed to the lower Court, albeit unsuccessfully.

Dissatisfied by the decision of the lower Court which affirmed his conviction and sentence, the Appellant now seeks, by this appeal to exhaust his fight of appeal. The Appellant identified three grounds of appeal in his Notice of Appeal by which the appellate jurisdiction of this Court was triggered.

In line with the rules and practice of this Court, parties filed and exchanged their respective briefs adopted at the hearing of this Court on 20th January, 2022.

​MR. PHILLIP K. EMMANUEL, ESQ. on behalf of the Appellant distilled two issues for the determination of the appeal in the Appellant’s brief of argument dated and filed on 14th August, 2019. The said issues are hereunder reproduced as follows:

“1. Whether on all the established facts in this case, the proper verdict which ought to have been returned by the Court of Appeal against the Appellant was not one of discharge and acquittal and a further order for medical examination of his mental state of health. (Distilled from ground 1 of the Notice of Appeal).

2. Whether by the tenor of Appellant’s extra-judicial statements embodied in exhibits “A” and “B”, and the defence of insanity was raised which needed thorough consideration by the trial Court and if in the affirmative, whether the failure to so consider has prejudiced the Appellant and consequently led to a miscarriage of justice. (Distilled from grounds 2 and 3 of the Notice of Appeal).”

On behalf of the Respondent, M.G. CHIROMA ESQ., Director of Public Prosecutions, Ministry of Justice, Niger State raised a sole issue in the Respondent’s brief of argument dated 14th October, 2019 and filed on 15th October, 2019. The sole issue raised by the Respondent is as follows: