Hajara Mohammed V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Kaduna State High Court in Charge No KDH/Z/2C/2013 delivered by Honorable Justice M. L. Bello on the 5th of June, 2014. The Appellant was arraigned before the lower Court on a two count charge of conspiracy to commit culpable homicide under Section 97 of the Penal Code Law of Kaduna State and culpable homicide punishable with death under Section 221 of the Penal Code of Kaduna State.

The Appellant was charged along with one Jamilu (now at large) and was alleged to have conspired with Jamilu to commit an illegal act and to have, in company of the said Jamilu, caused the death of one Abdullahi Sanni Abba on the 28th of February, 2012 in Kakiyeyi Village in Zaria Local Government Area of Kaduna State by attacking him with dangerous weapons and inflicting machete wounds on his face, back, neck and head and leaving him in a pool of his blood with the knowledge that death would be the probable consequence of the act.

?The Appellant pleaded Not Guilty and the matter proceeded to trial and in the course of which the Respondent called four witnesses and

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tendered two exhibits in proof its case against the Appellant. The Appellant testified as the sole witness in her defence.

At the conclusion of trial and after the final addresses of Counsel, the lower Court found the Appellant Guilty on the two count charge and sentenced her to death by hanging. The Appellant was dissatisfied with the judgment of the lower Court and she caused her Counsel to file a notice of appeal against it. The notice of appeal is dated the 20th of August, 2014 and it contained three grounds of appeal.

In canvassing the case of the Appellant in this appeal, his Counsel filed a brief of arguments dated the 27th of February, 2015 on the 2nd of March, 2015 and the brief of arguments was deemed properly filed and served by this Court on the 27th of April, 2015. In response, Counsel to the Respondent filed a brief of arguments dated the 25th of May, 2015 on the 26th of May, 2015. At the hearing of the appeal, Counsel to the parties relied on and adopted the arguments in their respective briefs as their oral submissions in this appeal.

Counsel to the Appellant formulated three issues for determination in this appeal and these

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were:

i. Whether the lower Court was right in convicting the Appellant for conspiracy and culpable homicide when it failed to warn itself of the dangers of so doing.

ii. Whether the lower Court was right in relying on the contradictory evidence of the first and second prosecution witnesses to convict the Appellant.

iii. Whether the trial Court has properly evaluated and acted on the evidence placed before it in arriving at its judgment and if it has failed, whether that has occasioned a miscarriage of justice.