Aliyu Bashir V. Kano State (2016)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A.

This is an appeal against the judgment of Kano State High Court delivered by Hon. Justice Amina Adamu Aliyu on the 2nd day of June, 2014 wherein the Appellant was convicted and sentenced to death by hanging for the offence of culpable homicide punishable with death under Section 221(a) of the Penal Code.

The one count charge against the accused person was as follows:
“That you Aliyu Bashir on or about the 4th day of January, 2010, at Kofar Kudu town in Dawakin Kudu Local Government Area within the Kano Judicial Division did commit culpable homicide punishable with death in that you caused the death of one Maimuna Aliyu (deceased) by doing an act to wit: You used your hands to close her mouth and nose with the intention of causing her death, and thereby committed an offence punishable under Section 221(a) of the Penal Code.”
The accused person pleaded not guilty to the charge against him.

The facts of the case as presented by the prosecution was that the Appellant impregnated one Hauwa Yakubu outside wedlock and after she had put to birth, the

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Appellant was requested to come and carry his little baby Maimuna who was sixteen days old by that time. The Appellant went to Hauwa’s house on the 14th of January 2010 in company of Saadatu his sister and took Maimuna away. Saadatu gave Maimuna to the Appellant and left for her house. The Appellant ceased the opportunity of being alone with Maimuna covered her nose and mouth with his hands until she died and he thereafter buried her at Dawakin Kudu Cemetery without anyone’s knowledge.

To establish its case, the prosecution called 5 witnesses and tendered 2 Exhibits. Thereafter, the Appellant in his defence, testified as DW1, and called one witness. In a reserved judgment delivered on the 2nd of June 2014, the accused person was found guilty of the offence of culpable homicide punishable with death and was sentenced to death by hanging. Dissatisfied with the decision, the Appellant appealed against his conviction and sentence vide his notice of appeal dated 23rd day of June 2014 containing five (5) grounds of appeal. The grounds are hereby reproduced without their particulars as follows:
GROUND ONE
The verdict is unreasonable and cannot be supported.

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GROUND TWO
The learned trial Judge erred in law when he convicted the Appellant for the offence of culpable homicide punishable with death, in the circumstances where the prosecution failed to prove their case beyond reasonable doubt
GROUND THREE
The learned trial Judge erred in law when he relied in Exhibit ?A’ and ?A1′ (statement of the Accused/Appellant) to convict him.
GROUND FOUR
The learned trial Judge erred in law when he convicted and sentenced the Appellant without administering Allocutus.
GROUND FIVE
The learned trial Judge erred in law when he sentenced the Appellant to death without strict compliance to the form of pronouncing judgment.

In line with the Rules and Practice of the Court, the Appellant filed its brief of argument dated 12th day of June, 2015 and filed on the 16th of June 2016 settled by Abubakar Mohammed Esq., wherein he formulated four issues for the determination of the appeal to wit;
“(1) Whether the learned trial Judge was right in law when he convicted and sentenced the Appellant for the offence of culpable homicide punishable with death, in the

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circumstances where the prosecution failed to prove their case beyond reasonable doubt’
(2) Whether the learned trial Judge was right when he relied on Exhibit ?A’ and ?A1′ (statement of the Accused/Appellant) to convict him?
(3) Whether the learned trial Judge was right in law when he convicted and sentenced the Appellant without administering Allocutus.
(4) Whether the learned trial Judge was right in law when he sentenced the Appellant to death without strict compliance to the form of pronouncing judgment.”

The Respondent consequently filed their brief of argument dated 14th day of October 2016 and filed on the same day but deemed filed on 19th January 2016 settled by Amina Yusuf Yargaya Esq., wherein he formulated two(2) issues for determination thus;
“(1) whether or not the prosecution has proved the charge of culpable homicide punishable with death against the Appellant beyond reasonable doubt
(2) Whether or not the learned trial Judge has complied with the requirement of the law in convicting and sentencing the Appellant.”

At the hearing of the appeal on the 6th of April 2016, the Appellant counsel