Jimoh Salawu V. The State (2009)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This Appeal is against the decision of H. A. Olusiyi J. of the High Court of Justice Kogi State sitting at Okene delivered on the 24th day of June, 2008.

The fact of the case as presented by the Prosecution witnesses who were Policemen is that at about 8.45 p.m. on 6/10/2003 while patrolling along Okene-Auchi Road, the Appellant emerged from the bush with a torchlight in his hand, sweating and covered with dust while his motor cycle (a Vespa) was packed by the road side. When the Appellant could not satisfactorily explain his presence at such a deserted place and at such time of the night, the policemen took him to Police Station at Okene and detained him for the night. The following morning, the policemen went back and searched the area where the Appellant was arrested and their search yielded the naked corpse of a young woman, a knife, invitation cards for a wedding with the picture of the dead woman and a man on it, a lady’s handbag and the sum of N10,000.00, They reported their discovery to the Police Area Commander.

Parties have exchanged their Brief. The Appellant’s Brief of Argument dated 6th October, 2008 was filed on 9th October, 2008 whilst the Respondent’s Brief of Argument dated 22nd October, 2008 was filed 23rd October, 2008.

From the Eleven grounds of Appeal contained in the Notice of Appeal, three Issues are distilled on behalf of the Appellant for the determination of this Appeal and they read as follows:

“1. Whether the prosecution had proved a case of Culpable Homicide punishable with death against the Appellant?

2. Whether the purported confessional statements (Exhibits 1, 2 and 3) were rightly admitted in evidence and rightly utilized by the learned trial Judge?
3. Whether the decision of the learned trial Judge was based on a proper evaluation of the evidence adduced at the trial?”

On behalf of the Respondent, the following Issues are raised for the determination of this Appeal:

“1. Whether the identity of the deceased HASSANAT HUSSEINI was proved beyond reasonable doubt by the Prosecution.

2. Whether Exhibits 1, 2 and 3, the Confessional Statement of the Appellant to the police were properly admitted and relied upon by the learned trial Judge in convicting the Appellant.
3. Whether the Prosecution has proved the guilt of the Appellant beyond reasonable doubt.”

The issues formulated by both parties are identical but I shall adopt the issues as formulated by the Appellant for the determination of this Appeal.

Issue No. 1:

“Whether the prosecution had proved a case of Culpable Homicide punishable with death against the Appellant.”

A.M. Aliyu, Counsel for the Appellant submitted that the burden in criminal cases is on the prosecution to prove its case beyond reasonable doubt. He maintained that this burden does not shift and that in proving beyond reasonable doubt, the prosecution must establish with credible evidence all elements or ingredients of the offence. Counsel referred the Court to the case of Tunde Adaya v. The State (2007) 2 SCNJ 259 at 261.

He maintained that to sustain a conviction for Culpable Homicide, the prosecution must establish that:

i. The deceased died,