Manu Alhaji Umaru v. The State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

The appellant was arraigned before the High Court of Borno State on a two-count charge of kidnapping and culpable homicide in charge No. BOHC/BU/CR/01/2022: The State v. Manu Alhaji Umaru.

At the end of the trial, the lower court held that the offences charged had been proved beyond reasonable doubt. It convicted the appellant as charged and sentenced him to death.

The appellant was dissatisfied with the decision of the lower court and he appealed against the same.

The original notice of appeal which was filed on 19th October, 2022 is at pages 50 – 53 of the records of appeal, while the judgment of the lower court is at pages 45 – 49 of the records of appeal.

The extant notice of appeal on which the appeal was argued is the amended notice of appeal filed on 23rd March, 2023, but deemed as properly filed on 5th July, 2023.

The records of appeal having been compiled and transmitted, briefs of argument were filed and exchanged by the parties.

At the hearing of the appeal, the learned counsel for the parties urged the court to uphold their respective submissions in the determination of the appeal.

In the appellant’s brief which was filed on 8th May 2023, but deemed as properly filed on 5th July, 2023, three issues were formulated for determination, videlicet:

1. Whether or not the trial court was right in law to convict the appellant as person last seen with the deceased without evaluating his defence and the circumstance of the case. (Ground 1).
2. Whether the prosecution had established the guilt of the appellant for the offence of culpable homicide beyond reasonable doubt. (Ground 2).
3. Whether the prosecution had established the guilt of the appellant for the offence of kidnapping beyond reasonable doubt. (Ground 2)

The respondent filed its brief of argument on 28th July, 2023 and it adopted the issues distilled for determination by the appellant.

I have considered the decision of the lower court; the grounds of appeal, and it seems to me that an expansive issue that will encompass the three issues nominated for determination by the appellant will suffice for the determination of this appeal. It has to be remembered that the central question in criminal trials is whether the ingredients of the offence charged have been proved beyond reasonable doubt.

The lower court held that the offences charged were proved beyond reasonable doubt, consequent upon which it convicted the appellant and sentenced him to death. Accordingly, it seems to me that the crux of the matter is whether the lower court was right in this regard. Therefore, the distensible issue which I find idoneous and on the basis of which I will consider the submissions of learned counsel and resolve this appeal is:

Whether on the evidence adduced, the lower court arrived at the correct decision that the offences charged were proved beyond reasonable doubt to warrant the conviction and sentence imposed on the appellant.

Submissions of the appellant’s counsel