State V. Da’u (2021)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal by the State against the judgment of the Court of Appeal, Kaduna division, Coram: Abba Aji) JCA (as he then was) Aboki, JCA (as he then was) and Abiru, JCA, delivered on 22/5/2015.

The respondent had been tried before the Katsina State High Court, sitting at Dutsin-ma on a sole charge dated 28/12/2005. The charge reads thus:

“That you, Murtala Da’u of Kasai village, Wagini District, Batsari Local Government Area of Katsina State, on or about the 6th day of October 2004 at the same address, committed culpable homicide punishable with death, in that you caused the death of one Lawal Musa by hitting him on the head with an axe with the knowledge that his death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code.”

​At the trial Court, the respondent pleaded not guilty to the charge and the case proceeded to hearing. The gist of the case is that sometimes on 6/10/2004, the respondent was said to have killed the deceased – Lawal Musa in a forest by hitting him on the head twice with an axe. The respondent was arrested by the police. Thereafter, he made two statements to the police. The first statement was made at Batsari Police Divisional Headquarters wherein the respondent denied killing the deceased. The second statement was an alleged confessional statement where he admitted he committed the alleged offence.

At the proceedings, the prosecution called six witnesses and tendered four exhibits. In his defence the respondent testified as DWI but he called no other witness, In his oral testimony, the respondent denied that he committed the alleged offence.

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At the conclusion of the trial and addresses of both counsel, the learned trial Judge found the respondent guilty as charged. He was also convicted. In pronouncing on the sentence, the Trial Court stated, inter alia, as follows:

“I have heard the plea for mitigation made on the convict’s behalf by his counsel and have noted that the convict by his testimony before the Court that he is now 21 years old in an offence committed in 2004, he was indeed 14 years of age at the material time which age by our laws he was not criminally responsible. I have similarly taken into account that the convict by Exhibit 3 was provoked by the victim into such act as an immediate reaction to the hit with a stick by the victim on him. However, the offence of culpable homicide punishable with death is the highest known to law and should not go unpunished. The accused person through his counsel did not plead any of those mitigating circumstances in his final address before the Court …

In the light of the above, and considering that human life was lost which is irreplaceable whose punishment is death, I now sentence you Murtala Da’u to a prison term of 50 (fifty) years with effect from the date of this judgment.”

Being dissatisfied with the judgment led the respondent to appeal to the Court below on six (6) grounds of appeal from which the Court below distilled the following sole issue to determine the appeal.

“Whether the prosecution has proved its case against the appellant beyond reasonable doubt as required by law, and whether the sentence of 50 years imprisonment is justifiable in the circumstance.”

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Upon consideration of the above-identified issue for determination of the appeal, the Court below, inter alia, found as follows: